The Police could soon be given new powers to issue drivers with fixed penalties for offences of careless driving, under plans being considered by the Government.
In a bid to hit crime targets and reduce bureaucracy, the Government is considering giving Traffic Police the ability to issue on the spot fines for offences of driving without due care and attention.
But Julie Robertson, a motoring defence solicitor, believes innocent drivers could be forced into accepting on the spot fines and penalty points without considering the longer term implications.
Julie, of Stephensons Solicitors LLP, said: “This latest move to give the Police more powers comes on the back of their power to issue fixed penalties for speeding and more recently driving without insurance. Both these offences are quite straightforward. However driving without due care is more of a woolly concept and is open to interpretation.
“Driving without due care covers a wide range of situations. It could be applied to a driver who clips the wing mirror of a nearby car while reversing out of a car parking space, which could be said to be a trivial low level mistake. More serious breaches could include driving into the rear of the car in front.
“By accepting on the spot fines and penalty points for this offence, drivers’ insurance premiums will rise. But there are also other factors to consider. Old driving convictions can now be taken into account if, as a victim of a serious crime in the future, the driver is entitled to compensation. Driving convictions can reduce the level of compensation.
“These allegations are often contested through the Courts because people do not like being accused of driving poorly, and should the fixed penalty be introduced for this offence, I would urge drivers to seek legal advice before accepting the punishment. It could be that the penalty can be challenged, saving points on the licence and future unknown costs.”
The Government has also been criticised by the Magistrates Association, who as part of their response to this plan, have said ‘this is a proposal that places the convenience of the Police above what is right in principle, may coerce innocent drivers into accepting a fixed penalty, and is certain to downgrade careless driving in terms of offence seriousness’.