If you have been charged with careless driving [S3 Road Traffic Act 1988] then you will require a solicitor to get you the best possible outcome.
Careless Driving in Scotland: the Law
Road Traffic Act 1988 Section 3: Careless, and Inconsiderate, Driving
Careless Driving [S3 Road Traffic Act 1988] is another common form of prosecution in respect of “bad driving”.
A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.Without due care and attention is a legal phrase which suggests that the driver was not alert enough or paying attention.If the crown proves this they will secure a conviction for careless driving.
If found guilty or you plead guilty to careless driving you can have between 3 and 9 points endorsed on your licence or disqualified outright. Most of these cases will appear in The Justice of the Peace Court but can also appear in the Sheriff Court. If it is in the latter it means it is more serious or complicated.
How We Can Help
A client was recently charged with careless driving by going through a set of traffic lights and colliding with a vehicle crossing the traffic lights. The client was acquitted in this matter. A pensioner reversed into a parked car in a supermarket. That is a minor form of careless driving and would normally attract lower end penalty points. In this case it was 3 points. The other extreme was a motorcyclist overtaking through a solid white line on the side of Loch Lomond at Firkin Point, the scene of various fatal accidents, the Sheriff disqualified the motorcyclist outright for 6 months and was very upset that the charge had been dropped from Dangerous Driving to careless driving.
Edinburgh JP Court
Client was charged with careless driving in Edinburgh after knocking a motorcyclist off his bike in the New Town. It was shown that there was fault on either side. She had 3 points placed on her licence as well as a fine.