There’s no standard definition of what careless driving is.
It’s defined under law as driving without due care and attention, but they don’t really define what that means.
Whenever a Judge has a doubt about the evidence, they must give the benefit of the doubt to the Defendant, not the Prosecution.
In general, what it means is that your driving falls below what would be expected of a competent and careful driver.
That’s a generalised description of what careless driving is.
That description is taken from legislation in the UK where quite a lot of our laws are based on.
The various road traffic laws in this country are generalised copies of their UK equivalents.
So Careless Driving is driving which falls beneath the standard expected of a competent and careful driver.
If your driving falls beneath that standard its generally regarded as careless driving.
That might include undertaking on the left-hand side, driving inappropriately close to someone in front of you, known as tailgating, things of that nature.
That’s generally what’s regarded as careless driving.
It’s taken on a case-by-case basis, but it’s not defined clearly in law.
Which isn’t very helpful.
Anything that’s not precise leaves room for argument, maybe doubt.
Who decides if the driving is careless or not?
The Judge does.
Its up to your team to ensure that your argument prevails in court.
And if there’s a doubt?
Well, the benefit of the doubt must be given to you the Defendant.
Whenever a Judge has a doubt about the evidence, they must give the benefit of the doubt to the Defendant, not the Prosecution.
Which is helpful.
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