Section 3ZA of the Road Traffic Act 1988 describes Driving without Due Care and Attention as driving which falls below the ‘standard expected of a competent and careful driver’.
Examples
What amounts to the appropriate standard expected is not defined in law – this is for the court to decide according to the particular circumstances of the accident. While no accident is ever the same, some examples of Driving without Due Care and Attention may include the following:
● Speeding● Turning into oncoming traffic● Doing something else whilst driving (eating, reading a map, distracted by the Sat Nav etc)● Inappropriate overtaking● Not following the Highway Code
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If the police are involved and want to interview you, this usually means that they are investigating you for the offence. If the police believe that your driving fell below the standard of a competent and careful driver, they may offer you a drivers awareness course, a Fixed Penalty Notice or you may receive summons to attend court.
A summons to attend court is more likely if the accident caused significant damage or injury to a person. Our specialist advice and assistance can help achieve the best outcome for you.
What are the penalties for Driving without Due Care and Attention?
If you plead guilty or are found guilty of Driving without Due Care and Attention, the court will impose up to nine penalty points, costs and a fine or, worse case scenario, may impose a disqualification from driving – generally the worse the standard of driving, the more serious the punishment.
How can Lucinda Dore Solicitors help me?
With over 20 years experience, Lucinda Dore Solicitors offers a more personable service than most firms. We can be present in the interview which can take place at your home address or the police station. We can also liaise with the police on your behalf to obtain as much information as possible before the interview.
Explain the law.
If you receive a summons to attend court, we can advise you of the evidence against you, explain the law and your appropriate plea.
Advocate your case.
We can expertly advocate your case to the court presenting the court with your own personal mitigation with a view to achieving the best outcome for you.
Prepare for trial.
If you wish to challenge your case, we will prepare your case for trial, providing expert advocacy to robustly defend the case against you.
Virtual consultations.
We can also offer virtual consultations so clients can get professional legal advice from the privacy and comfort of their own home.
Make sure you are protected with specialist legal advice for any Road Traffic Offence. Complete our online enquiry form below for a free, no obligation discussion about your case.