KNOW YOUR RIGHTS A
After we checked the evidence
Firstly, just to confirm, you have only been charged with careless driving (driving
without due care and attention), not dangerous driving or causing serious injury by dangerous driving. So immediately we can rule out prison or community orders. Driving without due care and attention carries three-nine penalty points, or a discretionary disqualification, together with a fine.
Court on four-five matters and exceptional hardship is found, they will put 12-15 points on your licence, but not ban you. Then if there’s one outstanding matter left over that will come into court, you cannot present a second argument, so you will be banned. So you must get every case listed together at all costs.
If you instruct us we will respond to the NPDD for you. We will make sure that all of the matters are tied together, and we will spend the coming weeks getting to know you and preparing your robust mitigation. We will advise you on exactly what character references you need and what supporting documents to take with you.
We will then attend court with you on the day and present mitigation to ensure that we secure the minimum possible sentence and try to avoid a ban.
Q
Another car and myself were overtaking a stationary bus at low speed. A motorcyclist travelling in the opposite direction at speed hit the car in front and then proceeded to hit
me. The motorcyclist made no attempt to avoid contact with me. I do not feel the rider was in full control of his motorcycle.
Police now intend to charge me under S3 and S2 Road Traffic Act 1988, due to the serious injury the rider suffered.
I am recently self-employed after a very long period of unemployment. I am reliant on my driving licence for work
PHTM SEPTEMBER 2022
The police have already charged you, and the court has already listed the matter to consider disqualification. You have already pleaded guilty, so we unfortunately cannot now challenge it.
With that in mind, our aim here will be to avoid disqualification.
Generally, I tend to find that courts get over excited when they see serious injuries and immediately want to disqualify. However they shouldn’t. The courts must follow the sentencing guidelines, which for careless driving state that they consider harm and culpability. If there is both, it is a category 1 offence, putting you at risk of seven-ninepoints or a ban. If there is one or the other but not both, then you should get five-six points. If there is neither, three-four points.
In your case, there is clearly harm as damage/injury was caused. But there is no culpability as this was clearly an accident. Culpability means how intentional it was / how culpable you were e.g. overtaking on a blind bend, using your phone or driving whilst tired.
And so we shall seek to persuade the court that there is harm but no culpability as this was merely an accident, so this should result in five- six points only. The injuries themselves, whilst serious, should not be enough to propel this into a ban.
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