Drink Driving Solicitors
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Geoffrey Miller Solicitors are specialists in Careless Driving and Driving Without Due Care And Attention Offences. Call our team of expert motoring solicitors for free initial advice.


Careless Driving Penalty

An allegation of careless driving, also known as inconsiderate driving or driving without due care and attention, can only succeed if the prosecution prove that:

  • Your driving fell below the standard expected of a competent driver; or
  • That you did not show reasonable consideration for other pedestrians and vehicles on the road.

The definitions above are open to interpretation. As explained by Jeanette Miller in this BBC Breakfast interview from June 2012, under present law, a minor breach of the Highway Code could be perceived by a court to amount to the offence of careless driving or driving without due care. There is no set list of what driving errors or manoeuvres would land you in the dock with a prosecution for a driving without due care offence.


The Law Behind Careless Driving

Examples of driving that could be classed as careless that you may find surprising are:

  • Coming out of a side junction into the path of another vehicle;
  • Scraping another car in a car park;
  • A minor bump or shunt with another vehicle;
  • Using a satellite navigation system or map whilst driving;
  • Lighting a cigarette;
  • Middle lane hogging;
  • Failing to wear sunglasses in sunny weather; or
  • Eating or drinking whilst driving.

On 16 August 2013 the police were granted extended powers to issue fixed penalty offers for the offence of careless driving. This caused a bit of a stir at the time but in June 2015 the press were all over a case claimed to have been the first conviction for “middle lane hogging” since the new police powers in relation to Careless driving fixed penalties were introduced.

Having specialised in the field of motoring law since 2000 we can assure you that “middle lane hogging” has featured as an allegation in a number of careless driving prosecutions we have seen over this period.

You do not have to accept an offer of a fixed penalty and if you disagree with the driving without due care allegation, you are free to challenge the matter through the courts.

Most careless driving cases that we defend will involve our meticulous case preparation. The Magistrates who hear your case will look at all the facts in the case to determine whether or not your driving falls in the two categories above.

Whilst most motoring offences involve numerous technical issues, the strategy involved in defending a careless driving prosecution will most likely involve gathering witness evidence and possibly having an accident reconstruction report prepared to assist in disputing allegations made by the police or witnesses.

Fighting the Careless Driving Allegation

Our specialist team of lawyers will review the strength of the prosecution’s case against you before advising you of the merits of your case. We find that whilst the police may have gathered numerous witness statements to support the allegation against you, when scrutinised, the evidence may well contain inconsistencies and leave the Crown’s case wide open to attack.

For example, we were involved in successfully defending a driver who was accused of careless driving after being involved in a serious motorway pile up. There were 6 witness statements relied upon by the Crown but when we examined them closely, we were able to establish that not one of the witnesses had actually seen the collision but they all made claims of hearing the collision. The prosecution evidence was made up of assumptions and inadmissible hearsay evidence. When we pointed this out to the Crown Prosecution Service, the case was dropped before it even got underway at trial.

Pleading Guilty To Careless Driving

The penalties for careless driving range from a relatively minor 3 penalty points but can be as much as 9 points or even a disqualification so if you are contemplating pleading guilty to the offence of careless driving it is important to have a specialist representative to ensure that the Court imposes the lowest penalty possible especially if you are at risk of disqualification. Take a look at the Penalty PDF for more detailed information about the level of penalty you may face.

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Not Sure What to Do?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 08000 85 27 84 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

Call Us Now on 08000 85 27 84

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of motoring offences. Call our team of expert motoring solicitors for some free initial advice.


“I was arrested for drink driving and blew over the legal limit at the roadside. After speaking with Geoffrey Miller Solicitors, I knew that this was the company I wanted to fight my corner. I cannot thank them enough for their expertise, time and care in helping me through a terrible time. I would recommend them without any hesitation... Read More
Mr Lee Drink Driving Testimonial
Drink Driving / Case Dropped
“Geoffrey Miller Solicitors were brilliant handling my drink driving case. Geoffrey Miller Solicitors calmed me straight away, were professional in their service. They were fully informative at all times and in the court room got the best possible result they could have with a ban reduced. An excellent service all round!... Read More
Anonymous 16
Drink Driving / Ban Reduced
“I obviously cannot thank you enough. I was told by a top criminal London lawyer when I was charged that there was no point in challenging this. You have done exactly what you said you would do and it is clear your drink driving success rates are hard earned and not just fantasy. Very many thanks to you and all your team involved!... Read More
Anonymous 15
Drink Driving / Acquitted
“Facing a tough drink driving case, GM were able to structure, manage and execute a winning argument and gain a result at the end. The service from start to finish, was second-to-none. I would recommend anyone to use Geoffrey Miller if they need a law firm who really does care about each case and most importantly gets results... Read More
Mr Whitehouse
Drink Driving / Acquitted
“After being wrongly charged with drink driving I knew I needed help. From start to finish Geoffrey Miller Solicitors explained why the charges would not stand up to their scrutiny. The whole sorry saga played out exactly as outlined in my first conversation with Jeanette Miller. These guys really know what they are doing!... Read More
Mr J
Drink Driving / Case Thrown Out
“I looked online and called a few solicitors who specialise in motoring offences. Jeanette was the most switched on and gave the best legal advice how to proceed. I felt confident instructing her. I got the best possible outcome and my plea of exceptional hardship was successful and I received a reduced fine. Really pleased... Read More
Mrs K
Totting Up / Ban Avoided
“After one phone call with Geoffrey Miller Solicitors I was immediately more confident and it felt like a weight off my shoulders. All charges against me were dropped and I was acquitted. I would highly recommend Geoffrey Miller Solicitors to anyone who has found themselves in any trouble related to a drink driving offence... Read More
Mr M
Drink Driving / Acquitted
“From the very first time I spoke to Geoffrey Miller Solicitors. I knew this was THE ONLY firm that was really listening and understood my problem. Without Geoffrey Miller I would not be where I am today, acquitted. If you are serious about defending your motoring offence then Geoffrey Miller are the only firm to represent you... Read More
Mr R Raj
Drink Driving / Acquitted


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