Negligent driving is one of the most common traffic offences and is found in section 117 of the Road Transport Act (2013). These offences usually arise from Police pulling you over, attending an accident, or later asking the registered owner of the vehicle involved to tell them who was driving at the time (called a ‘form of demand’).
Some of the crucial things that the Police need to prove is that you were the driver of the vehicle, that you were in control of the vehicle at the time, and that the incident occurred on a road or a road related area (this can include car parks).
If you’ve been charged with negligent driving the Police must prove that you were not exercising the degree of care which the ordinary prudent driver would exercise in all the circumstances. The court can also take into account things such as the nature and condition of the road, the traffic at the time, and any obstructions or hazards on the roadway at the time.
If you have been arrested or charged with negligent driving you should contact us for expert advice immediately. At Marsh Blom Lawyers we are former prosecutors and we have prosecuted countless negligent driving offences. We know the law, the cases, and the defences to negligent driving charges. Your first consultation is free and we offer fixed fees for most of our services.
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