You can ask our solicitors for advice on driving without due care & attention using the question box on the front of our website or the following article may answer your questions. 

If you are driving without due care and attention on the public highway you will be breaking the law. If you are found to be breaking the law by careless driving the penalties can be quite severe, and range from substantial fines, disqualification, penalty points, licence withdrawal or even a custodial sentence.

It is imperative that you understand what constitutes as careless driving as well as understanding what a court may consider necessary for the reasons why driver had driven the way they had.

Definition Driving Without Due Care and Attention?

There are 2 possible offences for careless driving as stipulated in the Road traffic act 1988.

They are:

• driving without due care and attention in a public place
• lack of consideration for others using the road

In order to prosecute someone for the crime of driving without due care and attention it must be proven that they did not show the expected reasonable levels of duty of care to not only themselves, but to other road users whilst driving a motor vehicle. It does not matter who you are the same level of expectation applies to all, regardless of age or gender. Any licence holder is expected to demonstrate the same level of attention care and responsibility to other road users.

Whilst the severity can be determined by various scenarios and outcomes. Without a valid or acceptable explanation driver will most likely be convicted.

One of the main causes of accidents on the road in the UK are drivers not paying due care and attention to the road, the conditions and other road users.

It is important all drivers and road users are aware of the standards and maintaining these standards.

Examples of careless driving:

• Not observing traffic signals correctly
• undertaking on motorways and dual carriageways
• tailgating (driving too close to the vehicle in front)
• not observing speed and distance limits
• not paying attention and awareness of the weather conditions
• making U-turns inappropriately
• not paying attention and being distracted
• driving whilst tired and not paying attention
• not paying attention to traffic signals and warnings
• dangerous manoeuvresCareless Driving Defense

If you have been accused of careless driving and you find yourself in magistrates court you are going to need some form of defence to justify why you are accused of careless driving. It might be worthwhile seeking advice from a motoring specialist solicitor in order to help your case.

If you have been accused and charged with careless driving you will have received an NIP (notice of intended prosecution).

Examples of defences to careless driving:

• you could argue that you maintained the required level of care and attention
• necessity i.e. I had to drive that way to avoid the worst outcome
• medical reasons I had an impact on your abilities
• you are partaking in an authorised motoring event
• the car had developed a mechanical fault (this must be reported at the earliest opportunity in order for it to be investigated and Corroborate your claim)

Causing Death

Causing death by undue care and attention with lead to a number of punishments and can vary from a lengthy ban, an unlimited fine and/or 5 year custodial sentence. It is advisable that if you are charged with causing death by careless driving you seek legal advice.

Punishments and Penalties

Careless driving all previously known as reckless driving I generally dealt with in a magistrates court who will have a range of punishments at their disposal.

• This can range from:
• a hefty fine of up to £2500,
• 9 penalty points,
• licence withdrawal,
• a lengthy ban,
• test retake before they will be allowed to drive again.

For more serious incidents of careless driving a custodial sentence could be given.

So as you can probably gather careless driving is not something to be taken lightly as the consequences, for not only you but other road users, could be deadly.