What is Driving Without Due Care and Attention? What is Careless Driving?
Careless driving is defined as driving which falls below that of a prudent motorist. This is a relatively wide and woolly definition and allows for a large interpretation of what a prudent motorist would do as there is no legal definition of a prudent motorist and it is up to the court to interpret what you have done. Often prosecutions for careless driving arise from an accident and it will be the person who is at fault who will be judged to have not been prudent. It can be the case that whichever party shouts loudest to the police ends up as the ‘victim’ with the other party as defendant, sometimes regardless of actual blame. Also the police have on occasion prosecuted individuals for careless driving when they have not liked their attitude or demeanour following a roadside stop.
Careless driving is one of the easier cases for a skilled and experienced lawyer to win as it is a matter of carefully painting your case and your course of driving in the best possible light as well as casting doubt upon the prosecution case.
POSTED: Friday, May 2, 2014