A charge of due care usually arises following an accident, though an accident does not need to have taken place. In fact there does not need to be another vehicle involved, property damaged or anyone injured. To be found guilty of this charge it has to be proven that the standard of the driving fell below that of a reasonably competent driver. The test is a relatively easy one to follow and yet it is open to some argument. Accidents happen and sometimes nobody is to blame, yet the police may still charge somebody with due care. We have successfully won due care trials when the prosecution's case has appeared to be a strong one. The first question we ask clients is the question concerning a "reasonably competent driver". Most drivers know whether there has been a lapse in concentration or something similar and will plead guilty. Others will be determined that they have done nothing wrong, so we help them to go through the evidence in more detail.
Such a charge will usually follow an interview at the police station. We provide free advice at the station and our attendance could be the difference between you being charged or not. Call us and we will arrange for you to have first class representation for free.
The penalties for driving without due care and attention range from 3-9 penalty points and the possibility of a disqualification as well as a fine, depending on how serious the courts view the case. It can only be dealt with at the Magistrates court if it is not connected to a more serious charge.
If you have received a summons, been charged or the police want to talk to you about such a matter, just give us a call and we can help.
Dangerous driving is a similar charge to due care but more serious. The test starts the same, "did the standard of driving fall below that of a reasonably competent driver?" but goes on to ask "as a result of that driving was it dangerous?" As this charge is more serious it can be dealt with by the Magistrates court or the Crown Court, and the penalties can be more severe as a result. It actually carries a maximum sentence of 2 years imprisonment. A 12 month disqualification is the minimum penalty, and an extended retest has to be passed before the driving licence is returned. As this is a serious matter the police will interview a suspect, as with due care. We strongly advise against attending such an interview without proper representation. Just call our 24 hour mobile number and we will make sure you have the very best representation.