Otherwise known as "Due Care", this offence, since the 16th August 2013 can either be dealt with by a fixed penalty of £100 and 3 points, or by prosecution at the magistrates court. It involves the driver driving below the standard of a careful and competent driver.
If you have received a fixed penalty for this offence, it is always helpful to discuss the matter with a Motoring Lawyer before deciding whether to accept or challenge this. As a leading Motoring Lawyer in Leeds, Phil is happy to discuss this with you. You can also read his blog on the fixed penalty scheme for due care allegations
Defending these types of offences often involve challenging the opinion of witnesses in cases in which a driver's judgement may just for a moment be considered below the standard and inviting magistrates to objectively assess the driving of a particular driver. It is important that the motorist be represented by a motoring lawyer in these cases.
In the event of a conviction or plea of guilty, the court will impose between three and nine penalty points which if added to other relevant endorsements may leave the driver open to diqualification by"totting". More serious cases of due care can result in discretionary disqualification, even if a driver has no points upon his licence.
Philip Morris is a specialist Motoring Lawyer based in Leeds and is regularly found challenging witness opinion on issues such as reaction time and stopping distances. He has secured acquittals in cases which might otherwise have resulted in conviction but for his understanding of this particular complex area.
The Magistrates Court sentening guidelines can be found online. By clicking the link below you will be directed away from this site to the appropriate guidelines.