Driving without due care and attention

Q: I’m being prosecuted for driving without due care and attention. I was coming over the brow of a hill, and just over the other side, the road swept sharply to the right. As I drove over the brow, I saw a car in the opposite direction driving slightly over to my side.

It was all a blur, as it was a national speed limit, so we were both driving quite fast. I can’t remember where I was positioned in my lane. The next thing I knew, the cars had collided. They were both a write-off, but thankfully any injuries to myself and the other driver were minor. I’m really worried about having to attend court. 

The next thing I knew, the cars had collided. They were both a write-off

A: The first step is to look through the evidence and see if there are any grounds to challenge it. To convict you, the prosecution have to show beyond reasonable doubt that the standard of your driving fell below that of a careful and competent driver.

If the accident was as a result of the other vehicle’s positioning on the road then you would have a defence. However, as you can’t remember the incident clearly, it makes it difficult to defend.

If there’s no defence, a good alternative would be to see if the Crown Prosecution Service will allow you to complete a Driver Improvement Course. This means any proceedings will be withdrawn and you will not have to attend court.

You will also be entitled to reclaim your reasonable legal expenses, if you have paid us to assist you. We have an 83% success rate at persuading the CPS to withdraw cases such as yours.

If unsuccessful, you will be at risk of 3-9 points. If the court considers it serious, it could impose a discretionary ban instead of points. We will liaise with the court to see if they are willing to sentence you in absence to avoid you having to attend.

If they agree, we will deal with sentencing on your behalf and push the court for the lowest possible penalty. If they do not agree, you will be represented in court by a barrister.


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  FirstCar's legal expert is Emma Patterson, who runs Patterson Law, which specialises in motoring cases. If you've got a legal question, email us at info@firstcar.co.uk and we'll get Emma to answer it for you. If you need the advice or representation of a great motoring lawyer, you can contact Emma or one of her colleagues, through her website.