Charged with Driving Without Due Care and Attention or Failure to Stop? How Manak Solicitors Can Help

Charged with Driving Without Due Care and Attention or Failure to Stop? How Manak Solicitors Can Help

Being charged with driving without due care and attention or failure to stop can be a daunting experience, with potential penalties including fines, penalty points, or a driving ban. At Manak Solicitors, we specialise in defending motoring offences, helping drivers in Bromley, Biggin Hill, Orpington, Sevenoaks, Gravesend, and across the UK protect their driving licences. This blog explains these offences, their penalties as outlined by the Sentencing Council, and how our expert legal team can help you achieve the best possible outcome.

What is Driving Without Due Care and Attention?

Driving without due care and attention, also known as "careless driving," is an offence under Section 3 of the Road Traffic Act 1988. It occurs when a driver’s standard of driving falls below that expected of a competent and careful driver. Examples include:

• Dangerous overtaking
• Ignoring traffic signs or signals
• Using a mobile phone while driving
• Tailgating or misjudging road conditions

According to the Sentencing Council guidelines, the prosecution must prove your driving was careless based on the circumstances, which can be subjective and open to challenge with skilled legal representation.

What is Failure to Stop?

Failure to stop, under Section 170 of the Road Traffic Act 1988, occurs when a driver involved in an accident fails to stop at the scene or report it to the police within 24 hours. This offence often accompanies careless driving charges and may involve:

• Leaving the scene after colliding with another vehicle, property, or person
• Failing to provide details to other parties involved
• Not reporting the incident to the police when required

The Sentencing Council guidelines emphasize that this offence is treated seriously due to its impact on road safety and accountability. However, valid defences, such as being unaware of the accident, may apply.

Penalties Under Sentencing Council Guidelines

The Sentencing Council provides structured penalties based on the severity of the offence and culpability. Below are the accurate penalties for both offences.

• Driving Without Due Care and Attention Sentencing Council, 2017:
• Category 1 (Highest Seriousness):
• Starting Point: Band C fine (150% of weekly income).
• Range: Band C fine.
• Disqualification/Points: Consider disqualification or 7–9 points.
• Category 2:
• Starting Point: Band B fine (100% of weekly income).
• Range: Band B fine.
• Disqualification/Points: 5–6 points.
• Category 3 (Lowest Seriousness):
• Starting Point: Band A fine (50% of weekly income).
• Range: Band A fine.
• Disqualification/Points: 3–4 points.
• The court must endorse the driving licence with 3–9 points if no disqualification is imposed. Aggravating factors (e.g., causing injury, high speed) may increase penalties, while mitigating factors (e.g., clean driving record, momentary lapse) may reduce them.
• Failure to Stop/Report an Accident Sentencing Council, 2017:
• Category 1 (Highest Seriousness):
• Starting Point: High-level community order.
• Range: Low-level community order to 26 weeks’ custody.
• Disqualification/Points: Disqualification for 6–12 months or 9–10 points (extend disqualification if imposing immediate custody).
• Category 2:
• Starting Point: Band C fine.
• Range: Band B fine to medium-level community order.
• Disqualification/Points: Disqualification up to 6 months or 7–8 points.
• Category 3 (Lowest Seriousness):
• Starting Point: Band B fine.
• Range: Band A fine to Band C fine.
• Disqualification/Points: 5–6 points.
• Additional Notes: Courts consider factors like deliberate failure to stop, extent of damage or injury, and attempts to report later. Imprisonment (up to 7 years) is rare but possible in extreme cases, particularly if combined with other serious offences.

If you accumulate 12 or more penalty points within three years, you risk a minimum six-month ban under the "totting up" system (endorsement code TT99). New drivers (within two years of passing their test) face licence revocation if they accrue 6 or more points. In totting-up cases, you may argue exceptional hardship to avoid a ban, and Manak Solicitors can help build a compelling case.

Defending Against These Charges

Defending charges of driving without due care and attention or failure to stop requires expertise in motoring law. Possible defences include:

• Challenging Evidence: The prosecution must prove beyond reasonable doubt that your driving was careless or that you knowingly failed to stop. We can scrutinise evidence like witness statements, CCTV footage, or police reports for inconsistencies.
• Reasonable Excuse: For failure to stop, you may not have realised an accident occurred or had a valid reason, such as ensuring safety or being in shock.
• Disputing the Standard of Driving: For careless driving, we can argue that your driving met the standard of a competent driver under the circumstances.
• Procedural Errors: Mistakes in police procedure, such as incorrect paperwork, could lead to the case being dismissed.
• Special Reasons: In some cases, special reasons (e.g., an emergency for careless driving) may avoid penalty points or disqualification.

Manak Solicitors will thoroughly review your case, using the Sentencing Council guidelines to challenge the prosecution or mitigate penalties.

Why Choose Manak Solicitors?

Facing motoring offence charges can be stressful, but Manak Solicitors has a proven track record of defending drivers across the UK. Here’s why you should choose us:

• Specialist Expertise: Our solicitors are experts in motoring law, with extensive experience defending charges like careless driving and failure to stop.
• Tailored Defence: We build a personalised defence strategy, leveraging Sentencing Council guidelines to highlight mitigating factors and reduce penalties.
• Local Knowledge: With offices in Bromley, Biggin Hill, Orpington, Sevenoaks, and Gravesend, we understand local courts and procedures.
• Proven Results: We have helped countless drivers avoid or reduce penalties, protecting their livelihoods and keeping them on the road.

What to Do If You’re Charged

If you’ve been charged with driving without due care and attention or failure to stop, follow these steps:

• Act Quickly: Contact a solicitor immediately to start building your defence. Time is critical for gathering evidence.
• Gather Evidence: Collect relevant information, such as dashcam footage, witness details, or photos of the incident scene.
• Avoid Pleading Guilty Prematurely: Seek legal advice before responding to the charge, as you may have a valid defence or mitigating circumstances.
• Consider Driver Improvement Courses: For minor careless driving offences, police may offer a National Driver Offender Retraining Scheme course to avoid points, though this is discretionary and unavailable if you’ve completed one within three years.

How Manak Solicitors Can Help

At Manak Solicitors, we’re committed to defending your driving licence and minimising the impact of motoring offence charges. Our services include:

• Reviewing evidence to identify weaknesses in the prosecution’s case.
• Building a strong defence or mitigation strategy to reduce penalties or avoid conviction.
• Representing you in court, whether in Bromley, Sevenoaks, or elsewhere in the UK.
• Advising on exceptional hardship pleas if you face a totting-up ban.
• Providing practical advice to avoid future offences.

Contact Manak Solicitors Today

Don’t let a motoring offence charge threaten your driving privileges or livelihood. Contact Manak Solicitors today for expert legal advice and representation. Our team is ready to fight for you and help you achieve the best possible outcome.

Call us now at 01689 870769 or 07731 868916

Email us at [email protected]  

Visit our website at https://manaksolicitors.co.uk/ to schedule a consultation

Our Offices: Bromley, Biggin Hill, Orpington, Sevenoaks, and Gravesend