This offence is rarely straight-forward. The Crown must prove beyond reasonable doubt that the accused person has departed from the standard of care of the ordinary, competent and prudent motorist.
Upon conviction the offence attracts between 3 – 9 penalty points, but the magistrates do have a discretion to impose an immediate period of disqualification.
If an accused person who already has penalty points on their licence is convicted of this offence, they are at serious risk of losing their licence under the ‘totting up’ provisions. This means the Court would look to disqualify for a minimum period of 6 months, unless a successful exceptional hardship argument can be advanced.
We can look through the evidence and examine the case papers on your behalf to ensure that the Crown have fulfilled their evidence and procedural obligations. We have successfully defended many of these types of cases. If you need advice or help regarding one of these cases please contact us immediately.

