Careless Driving
Released on:
18/08/2009
Government proposals recently announced would see careless driving become a fixed penalty offence, with drivers being issued with an on the spot fine and given three points on their licence. 
According to Steve Gelsthorpe, solicitor with road traffic specialist solicitors Cartwright King, giving the police power to offer fixed penalties as an alternative to prosecution is yet one more nail in the coffin of ‘innocence until proven guilty’.
“The issue of whether a driver’s manner of driving falls below the standards set by the law is often a hugely difficult one. Giving the police powers of both judge and jury will lead many motorists to quite wrongly accept a fixed penalty when really their best interests lie in having the evidence thoroughly tested and examined by a court."
“I am particularly worried that just because a police officer believes the driving fails to meet the standards expected, many people, especially those of a vulnerable or less robust nature, will feel compelled to accept the word of the police and agree to something that can have horrible consequences in the future. With insurance companies increasing premiums at a stroke and with the proliferation of speed cameras a driver can find themselves reaching 12 points and a disqualification very quickly. The issue of whether an offence is made is something that needs both careful consideration and, in many cases, strong independent advice.”
He added “I have spent much of my professional life defending drivers in court who are found not guilty after a thorough examination of the evidence. Many of these cases arrive at court because the judgement of the investigating officer was either flawed or the decision to prosecute – often at the behest of the police - was with hindsight, plainly wrong’.
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