driving without due care and attention

[scarymary]

if an 80 years old driver is summons for driving without due care and attention will they have to take their driving test again ?
thanks in advance.

[Dassie]

The judge could order a re-test and would probably be wise to do so.

[New Judge]

A judge would not be involved in this issue (unless he or she was a District Judge � that is a professional paid magistrate). Careless Driving is a summary offence and can only be dealt with in the magistrates� court.

Whenever the court has the power to order a disqualification (either mandatory or discretionary) the court can also order disqualification until a test is passed. If the offence is one which carries a mandatory disqualification, it shall be an extended re-test, otherwise it shall be just a normal test. (Careless driving carries a discretionary disqualification).

This means that the driver can drive as a provisional licence holder (provided he is not otherwise disqualified �normally�). He must adhere to all the conditions of the provisional licence (e.g. displaying �L� plates and, in a car, being accompanied by a qualified driver). If he drives otherwise than in accordance with those conditions he can be charged with driving whilst disqualified which is an imprisonable offence.

The main reason for making such an order should be the interests of road safety � it is not intended to be an additional punishment. In the circumstances you describe the magistrates would not order a re-test simply on the grounds of the defendant�s age. There would have to be evidence that the offence was at least in part due to his incompetence.

[scarymary]

thanks new judge just another thing if they were going to plead guilty to this offence do they need a solicitor ?

[New Judge]

There is no need for a solicitor. The charge will be put and a plea then entered. The usual disposal for careless driving (unless it is a particularly serious example) is a fine and between 3 and 9 penalty points.

Before sentencing the defendant will have the opportunity to provide mitigation. Further, if the Bench is considering disqualification until a test is passed (as I described in my earlier answer) the defendant will be asked what effect this will have upon him. In these circumstances the services of a solicitor may be useful, but not essential. You should note that Legal Aid will not be available.

I must repeat that such an order should not simply be made upon the grounds of age alone. There has to be evidence that the careless driving was such that the overall competence of the driver is in question. This, of course, may be due to age but that should not be the determining factor. The definition of careless driving is �...that which falls below the standard expected of a careful and competent driver�. This can alleged of anybody of any age and it is the level of competence, not simply age, which shall be the determining factor.

[scarymary]

thanks you have answered all my questions and told me all i need to know !!!