In order to prove that a driver has been driving in a careless or inconsiderate manner or without due care and attention, the Prosecution must prove that the standard of driving was below that which would be expected of a competent and careful driver. When determining the standard of driving, the Courts must have regard to the circumstances that the driver could be expected to be aware and also any circumstances shown to have been within the knowledge of the driver.
Defences to apply to this offence, depending on the facts the driver was aware of at the time of the offence and his reasons for driving in such a manner. Also, cases can be defendable depending on the credibility of the evidence.
The range of sentencing for this offence is vast and can range from endorsement of 3 penalty points up to and including a lengthy disqualification.
The Art of the Loophole
Nick's book explains his unique approach to the law and in the process identifies his killer loophole principles which make it possible to win even in the face of almost certain defeat.