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Careless Driving Penalties
Road Traffic Act 1988, Section 3: Careless and inconsiderate driving
“If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.”
The offence, if proved, carries a broad range of penalty points, namely 3-9 and the option of discretionary disqualification. It is important to note it is the degree of culpability that should determine the sentence imposed, not the consequences. This is particularly relevant when injuries are sustained as a result of the act of driving as these should be disregarded by the Court.
The key test for the offence of careless driving in Scotland is whether the manner of driving falls below what would be expected of a competent and careful driver. A person is only to be regarded as driving without reasonable consideration only if actual inconvenience is caused by the act of driving.
The fact that two vehicles have been involved in a collision does not necessarily mean that either or both have been guilty of careless driving. The offence is for the Crown to prove beyond reasonable doubt.
Contraventions under this section of the Road Traffic Act 1988 can encapsulate all sorts of cases including speeding allegations, minor accidents to major collisions where the fault element is deemed to fall short of dangerous driving.
If you are facing a charge of careless driving in Scotland you should seek expert legal advice as your licence is at risk. Too often are we contacted by individuals who wish to appeal against disqualifications that have been imposed as a result of careless driving convictions. Specialist legal advice should be sought at the earliest juncture to maximise the prospects of success.
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ml@theroadtrafficlawyer.com |
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