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That the defendant was driving a motor vehicle

The driving fell below the expected standard of a competent driver

The driving created danger to the public or specific individuals



Relevant Legislation:

  • Road Traffic Act 1988

  • Road Traffic Offenders Act 1988

Maximum Penalties:

  • Careless driving: fines up to £5,000, 3–9 points, or disqualification

  • Dangerous driving: up to 2 years’ imprisonment, unlimited fines, and disqualification

Key Legal Definitions:

  • Careless driving: driving without due care and attention or skill

  • Dangerous driving: driving so far below the required standard that it would be obvious to a competent driver that it is dangerous

The Law

Mobile Phone / Distraction Offences

Careless driving occurs when a driver fails to exercise the standard of care expected on the road. Dangerous driving involves driving that falls far below the required standard, creating a risk of injury.
Early legal advice is crucial, as convictions can lead to fines, points, disqualification, or imprisonment.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Review evidence and witness statements thoroughly

  • Challenge procedural and evidential errors

  • Represent clients at Magistrates’ Court

  • Explore mitigation and negotiate outcomes

  • Provide clear guidance to protect driving licence and future rights

Common Evidence Used in These Cases

  • Dashcam or CCTV footage

  • Witness statements

  • Accident reports and police observations

  • Forensic evidence from vehicles

Common Problems in Prosecution Cases

  • Misinterpretation of footage or evidence

  • Inconsistent or unreliable witness statements

  • Procedural errors during investigation

  • Failure to disclose key evidence under CPIA

Potential Defences

  • Challenge the standard of driving and whether it was truly “dangerous”

  • Dispute evidence reliability (witness statements or video footage)

  • Emergency or unavoidable circumstances

  • Vehicle faults or external factors contributing to the incident

Sentencing and Possible Outcomes

  • Fines, points, disqualification, or imprisonment depending on severity

  • Mitigating factors can reduce penalties

  • Early legal advice may help negotiate lesser charges or outcomes

  • Rehabilitation courses may influence sentencing

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our solicitors and advocates have extensive experience in Criminal Defence, Family Law, Road Traffic Offences, Immigration, and Civil Litigation.

Success Rate


We are proud of our strong record in achieving favourable outcomes in complex & high-stakes cases, from serious criminal allegations to sensitive family matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Fast, confidential support when you need it most.

Get Legal Advice in Minutes

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