What is the maximum penalty? – up to £5000 fine plus 3 – 9 points or disqualification
What is the definition of ‘without due care’? – a standard of driving that fell below that, which is expected of a competent and careful driver. If you want free initial advice as to whether you may have driven carelessly, from a solicitor who specialises in defending people accused of motoring offences then visit fixedfeelawyer.co.uk
Do the prosecution have to prove I was driving? – yes, as with vast majority of motoring offences, the prosecution have to prove beyond all reasonable doubt that you were driving. They may try to do this by sending you a notice requiring you to identify who was driving (6 points + a fine if you fail to do so). Alternatively, the police may ask you to agree to be interviewed either at the road side or at some later stage. What you do during the interview stage is vital when it comes to defending a motoring offence prosecution and given that everyone is entitled to a solicitor for FREE for an interview at the police station, there is no excuse not to have one. Go to fixedfeelawyer.co.uk to find a solicitor who specialises in defending people accused of motoring offences.
Do the police have to issue a notice of intended prosecution within 14 days of the date of the alleged offence? – yes, unless you were warned at the time of the offence that you may be prosecuted or unless there was an accident that you would have been aware of.
I don’t accept my driving was ‘careless’ what can I do? – you are entitled to plead not-guilty and the court will then decide after hearing all the evidence, whether the prosecution have proved you drove without due care and attention.
The police want to talk to me about a road traffic accident, what should I do? – the police will probably want you to attend the local station for a voluntary interview. You are entitled to have a solicitor present FREE OF CHARGE and would be well advised to do so, even if you think you have done nothing wrong. Go to fixedfeelawyer.co.uk to find a solicitor who specialises in defending driver’s accused of motoring offences.
I accept I was in the wrong, what can I do? – In certain circumstances the police will agree to allow you to do a ‘Driver Improvement Course’ as an alternative to prosecution, this means no conviction, no points, no fine and no vastly increased insurance premiums for the next 5 years. It is vital to have a solicitor who specialises in representing people accused of motoring offences, acting for you if you want to increase your chances of being offered the Driver Improvement Course. Go to fixedfeelawyer.co.uk to find a specialist motoring offence solicitor.
Client feedback relating to Careless Driving
This client received a Notice of Intended Prosecution (NIP) and a requirement to provide driver information (pursuant to s.172 of the Road Traffic Act 1988). Within weeks BB Law Ltd had persuaded the police to drop the whole case. The client provided the following feedback –
“Bobby thank you for your input into my case. I feel sure that your timely communication with my local constabulary prevented this case escalating to a potentially points bearing court appearance. I think this demonstrates the importance of involving a specialist in motoring cases, such as yourself, at the earliest stage to obtain the best outcome. Once again many thanks. Hope I wont need you again but know I can count on you if necessary. I think I can safely say that other of my colleagues will be using your services as and when required. Regards.” – Mr R, S – Derby
This case went all the way to trial but on the morning of trial the CPS were persuaded to withdraw the fairly serious Drink Driving charge (and also a related Fail to Stop charge) after BB Law point out that the officer had made a procedural error and perhaps more importantly the officer had made inconsistent statements in relation to the issue. The client pleaded guilty to a related Fail to Report offence and walked away with 5 points on his licence, a small fine and a significant proportion of his legal costs refunded. These are his comments on the service BB Law provided to him –
“After facing a difficult case, I can honestly say that I have no regrets about selecting Bobby as my solicitor. Throughout the build up to both appearances at court he was not only there to support me, but his in-depth knowledge of driving laws gave me full confidence to put all of my trust into his decisions. With 3 charges, including an Excess Alcohol charge, he managed to convince the CPS along with some evidence to drop the Excess Alcohol and Fail to Stop in return for a guilty plea to my Fail to Report charge.
I would highly recommend Bobby for any motoring case, because he was such a help and with his fair prices it makes his service worthwhile as his desire and dedication to succeed in the court is second to none.” – Mr J, M – Staffordshire
This was quite a bad case of careless driving combined with a high level of excess speed. The client wanted to take a damage limitation approach and so we were quite pleased to resolve it in the way that we did.
“Hi Bobby. The level of service I received throughout was first class. Communication of case updates and speed of response to my queries was very good. Pleased with the level of the fine as it was lower than anticipated, and the points were what I expected due to your initial brief. I would highly recommend your services to anyone looking for representation.” – Mr P, T – Lichfield
This was a case that should never have been prosecuted. The actions of the police officers involved were in our opinion considerably more culpable than the reasonable reaction of this client. Two wrongs don’t make a right but justice was eventually done after a 14 month battle to clear this client’s name. This client was subsequently interviewed by SKY news.
“I contacted BB Law after another specialist motoring solicitor told me I was wasting my time and should just plead guilty. I was convinced I was right and gave Bobby a call. Bobby reviewed the case, then clearly explained the risks and probabilities to me, I wanted to fight so BB Law took the case.
Communication with Bobby has been exceptional – so much better than dealing with a local solicitor – we did everything over the phone or by email and Bobby was available outside regular hours to suit me. Everything was dealt with very quickly and Bobby took the time to explain everything as we went along.
I bombarded Bobby with lots of questions and ideas, he always took the time to consider and discuss everything and explain the pro’s and con’s of each. In addition, the CPS were particularly awkward. I always felt that Bobby fully understood the case, was on my side and most of all really cared about getting the right result. We lost in the Magistrates, which was disappointing all round, but somewhat expected. We subsequently won at the appeal and had costs awarded. I couldn’t have hoped for a better result and whilst I hope to never need his services again, I would recommend BB Law to anyone in need of advice and help.” – Mr A, W – Peterborough
This client was at serious risk of a disqualification and was also a new driver and so if he had received 6 or more points he would have had his licence revoked and needed to retake his driving test, fortunately, BBLaw were able to avoid both of these eventualities by persuading the court to impose 5 penalty points.
“Thank you very much indeed for your miraculous court performance today. 126 mph on the motorway resulted in only 5 penalty points. You saved my career and the future of my family. As I only got my licence last year, I was certain that I would lose my licence. Luckily, I found you on the forum. You definitely helped me with the luckiest escape and I wouldn’t have thought of getting only 5 points for over 120 mph!! Once again thank you so much!” – Mr X, L – London
“Many thanks for your email and letter. I, too, am extremely pleased with how this matter has turned out., and I thank you for your help and support throughout. With regard to the service I received, I found you to be extremely communicative and easy to talk to, and you explained matters very clearly. You responded immediately to my queries, whether by email or by phone, and I felt able to contact you at any time, knowing you would be supportive and deal with my queries/concerns very quickly, wherever possible. When you were not available, you explained why I may not hear from you immediately, which I did appreciate very much.
You also dealt with me very sympathetically, once you learned I am of a very nervous disposition. I was extremely frightened and upset when I received the notice of intended prosecution letter, and you helped me to remain as calm as possible about the whole thing. I was in shock about all of this, and you succeeded in making me feel that you would take control of this case and that I should not be overly anxious about it. I appreciate all of this and am very pleased I contacted you.” – Ms K, A – Buckinghamshire
“Dear Mr Bell. Many thanks and congratulations for your efforts so that I keep my driving licence. I must admit that being involved in the prosecution side in magistrates’ courts I was all out of my depth on receiving the summons and I was very relieved when you took it on despite the difficulty in communication, I having no computer and working through Peter, an old friend. As you realise I have come into contact with many solicitors and counsel, some good, some downright awful, your work was done with knowledge and interest and execution better than most in my thirty years of dealing with their work. I wish you every success in your business life. Thank you again.” – Mr A, B – Shrewsbury
“After finding myself in a little bother with the police and being in the unfortunate situation of losing my licence from a totting up ban. I got in touch with Bobby after he was highly recommended to me by someone I knew. Bobby was very helpful in answering all my questions on the phone and though email, always getting back to me quickly. I had Bobby represent me in court where he managed to pick apart mistakes made by the CPS and police getting the Careless Driving charges against me dropped. Without Bobby’s help I would have definitely ended up getting banned which would have meant losing my job. I was very happy with the level of service and the outcome.” – Mr T, K – Sutton Coldfield, West Midlands
“Dear Bobby, thanks very much for your last e-mail. A Quick feedback: Speaking to you over the phone re-assured me that you were the correct person to handle my case. You have been very professional while dealing my case. Before going to court, you have explained each and every step in written form and you explained everything in detail while we were in the court. In front of magistrate, you represented my case excellently and your tactics were to focus on concentration lapse which helped my case. From the start to end, you have directed the court to one direction only and that worked well in my favour. I would like to thank you for your hard work and sincere efforts and congratulates you to achieve minimum sentence on this case.” – Mr S, G – Essex
“Bobby from BBLaw was the first to answer his phone immediately when I was first looking for a solicitor and was patient when listening to my case. I did not fully understand the implications of the summons I was dealing with, and he was very realistic with the possible courses of action. After reviewing the case fully, his advice was to negotiate one guilty plea for careless driving in exchange for the prosecution to drop two charges, fail to stop and fail to report. While he did not expect such a great outcome, we ended up with only 4 points for careless driving. I could have lost my license as a new driver if I got 6 or more points, but he convinced the magistrate that although a fairly serious accident occurred, it was just a momentary lapse of attention. I would recommend Bobby to anyone, even if he would have to travel to a distant court. He is efficient and thorough with answering questions, and makes himself available during evenings and weekends.” – Mrs S, B – Ilford, Essex
“Hi Bobby. I found your service really good. You were very professional and you got me the best outcome! Thanks again” – Mr J, F – Northwich
“I can’t thank you enough for the huge amount of work that you put into defending this case for me. You never gave up even though the prosecution brought in their best lawyer to try and get me convicted. I knew I was innocent but I needed someone like you to make sure the court got the full picture and not just what the prosecution wanted them to believe. Your ideas such as videoing the scene of the incident in the dark and wet to show the court what I would have seen, could have made all the difference to the result. The fact I will get all my legal costs back is also a huge relief and will help to pay for my wedding! I will recommend you to everyone.” – Mr S, H – Manchester
“Dear Bobby. Thank you so much for agreeing to defend me. Finding your website and contacting you was the best thing I did after receiving my summons for dangerous driving. Your knowledge and professionalism over the phone immediately had a calming effect on me. I am so grateful for your advice and for getting the charge dropped to Careless Driving.
I live in a rural area with no public transport and without my licence I would have had to give up work. 6 points on my licence and a small fine was a far better outcome than the one I was dreading when I first Googled Dangerous Driving and realised what could happen. The fact that the incident happened in North Wales was an additional worrying factor with the reputation of the police in this area. I am also very grateful to you for persuading the court to grant a defence costs order in relation to the withdrawn Dangerous Driving offence. As soon as I receive the cheque I will let you know. I will not hesitate to recommend BBLaw in the future to anyone in need of advice on motoring offences. Once again many thanks.” – Mr J, D – North Wales
This was a very serious and a very sad case for all involved.
“BBLaw provided a very friendly and sincere service, which I deem to be second to none. Communication was instant and the service was extremely good value for money. I would definitely use the firm again and would definitely recommend to others.” – Mr H, Staffordshire
“I can only say that your service is absolutely outstanding and I most certainly do not use that word often, especially nowadays. You made me feel at ease, you listened to my concerns and addressed every single question professionally with precision, understanding and wisdom. Your exceptional capability inevitably produced the best possible outcome and I hope you and your business flourish to incredible heights. May all the unfortunate good drivers find you in their moments of desperate need for I know you will be the answer to their prayers. Have a super life. All the best.” – Mr D, V – Sunbury upon Thames, Middlesex
“My wife received a NIP for careless driving, failure to stop and report in relation to an alleged accident in a carpark. My wife did not recall the incident and was extremely distressed as she was already going through a traumatic pregnancy. My wife was in particular concerned that a criminal record could negatively impact her career plans as she is training in a field where she is constantly subject to police CRB checks. I phoned a number of different so called motor legal firms on her behalf (very stressed myself). I was quoted by one legal firm £2,000 + VAT to fight the NIP on technicalities! I was also told by most firms that motoring offences do not show up on CRB checks, which is also technically incorrect if they are court convictions.
Bobby was great from the beginning, he gave me confidence as he had a good grasp of the law. He explained that the charges were serious potential offences, but that he could come up with a strategy that could seek to stop the matter going to court, get my wife on a driver improvement plan or mitigate charges. Bobby was patient throughout and regularly corresponded with us though email and phone calls. It was great to have someone on side to vent to and felt was fighting our cause. Bobby was good at managing us as a client and explained the criminal justice process and that we needed to let him manage the police officers in a calm manner and not to show panic.
I got an email from Bobby today and he told me that he’d spoken to the police officer on the case and explained the situation. The officer was very sympathetic to the situation my wife and agreed to take no further action. Bobby has saved us a fortune on insurance and on explanations to my wife’s potential employers. This was all for an agreed fee less than his competitors. First class job Bobby!” – Mr N, D – Hertfordshire
“I recently had cause to employ the services of BB Law using his fixed fee pricing schedule, which thankfully for me was extremely cost effective. I called Bobby after receiving a letter from the police telling me I was to be prosecuted for failing to stop after an accident. Three weeks earlier I had lightly touched another car when parking. I checked for damage at the time and there was none, sadly the owner of the other vehicle accused me of causing a dent on another part of the car and reported this to the police. The P.C involved refused to let the case go and was belligerent and determined to get me into court for causing damage I had nothing to do with. Bobby was extremely effective at dealing with the police, he attended the police interview and the case has now been dropped thanks to his hard work. The case lasted for a few weeks, during that time Bobby was very reassuring, always very realistic and extremely efficient at answering emails and phone calls. If I am ever in need of a motoring Lawyer again I will be straight on the phone to BB Law.” – Miss H, B – Bristol
“I would like to take this opportunity to say a big thank you to BB Law Solicitors, for saving my licence and livelihood. I found myself in a very unfortunate position. I am a HGV driver, and was accused of hitting a car with my lorry and driving away without exchanging details. I did recall being on the road in question, but was positive I did not hit another vehicle. I was contacted by the police and asked to attend the police station for an interview. I was very worried as I have never been in this position before. I contacted BB Law, and after a telephone conversation I felt really reassured about my case. I was accompanied to the interview by Bobby Bell, which went well, despite the police and my employer attempts to get me to admit to something I didn’t do. During the interview Bobby had to have some firm words with the officer. A few days before my court date I got a telephone call from Bobby to say the case was dropped. This was due to Bobby’s professionalism and attention to detail. Thanks a lot Bobby.” – Mr D, G – HGV Driver, Birmingham
“I was driving a brand new 40 foot articulated lorry and was accused of damaging another vehicle before driving off. I knew I was innocent but the police seemed intent on getting me to admit I had damaged this car. Bobby came with me to the interview, had a quiet, polite word with the police constable pointing out the total lack of evidence and the whole case was dropped less than a fortnight later! Better still he sent me a letter to give to my insurer and employer, which confirmed I was a victim of a false allegation. Brilliant service” – Mr P, B – Macclesfield, Cheshire