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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 803
Experience:  I am a solicitor with particular expertise in road traffic law.
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I have been charged with driving without due care and attention

Customer Question

I have been charged with driving without due care and attention after an altercation with horse riders. The incident happened on the 23rd of February, I refuted the allegations and was interviewed by the police on the 17th of April 2014. Yesterday I received a summons in the post and informed that the case will be heard at Salisbury magistrate court on the 6th of August .
It provides details of what to do next including pleading guilty and accepting an £85 fine and points (or a possible ban). I need advice on what to do, I still of course refute the allegations.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

JACUSTOMER-gyjnti6j- :

OK

LondonlawyerJ :

The test for careless driving cases is whether your driving fell below the standard expected of a competent driver, or that you did not show reasonable consideration for other pedestrians and vehicles on the road. The definitions above are obviously open to interpretation and can include a great variety of circumstances. On the assumption that you do not accept your driving was careless then you should instruct a solicitor to represent you in the proceedings. You will not get legal aid to defend the case and unless your insurance covers criminal legal fees you will need to instruct a solicitor privately.

JACUSTOMER-gyjnti6j- :

ok

LondonlawyerJ :

YOu could represent yourself privately but it is unlikely you will get a better outcome on your own than with a solicitor. The sentencing range is 3-9 points and in some circumstances a disqualification. A fine is also very likely.

JACUSTOMER-gyjnti6j- :

Is that on to of the court costs?

JACUSTOMER-gyjnti6j- :

top

LondonlawyerJ :

You can instruct a specialist road traffic form of which there are many, easy to find on the internet or a local criminal defence firm who may actually know the local magistrates. Your choice really.

LondonlawyerJ :

If convicted yes you would have to pay a contribution to prosecution costs. Also you wold have to pay the victim surcharge (a tax on being convicted). If you were found not guilty then you would probably get an order for some but not all of your legal costs to be paid from Central Funds.

LondonlawyerJ :

You should be able to get good representation in a case that has a half day magistrates court trial for a fixed fee of less than £1500.00 plus disbursements if any.

JACUSTOMER-gyjnti6j- :

Thanks

LondonlawyerJ :

Good luck with this. If you are happy with my answer I would be grateful if you would please rate my answer. I will l not be paid for answering you unless you do so. Rating the answer will not close the question and I will continue to answer further questions if any.

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