Motoring Offences

Driving Without Due Care and Attention

What is driving without due care and attention?

Careless driving or driving without due care and attention or careless driving is defined as;

  1. Driving that falls below the standard expected of a competent driver; or
  2. Driving that does not show reasonable consideration for other persons using the road or pathways.

If you are found guilty of careless driving a court can impose between 3 and 9 penalty points, or disqualify you. It is therefore a serious matter, and one for which you should always seek specialist advice.

If you are prosecuted for driving without due care and attention the prosecution has to prove that your driving fell below the expected driving level of a competent driver, and this has to be proved beyond reasonable doubt. With specialist assistance from our Lincolnshire Motoring Defence Team, you can be sure that you stand the best possible chance of being found not guilty.

Examples of driving without due care and attention

All sorts of driving could be said to be careless, from a moment’s inattention to driving into another vehicle or pedestrian. Drivers using mobile phones were often prosecuted for careless driving but there is now a specific offence covering this. Eating or smoking whilst driving, or changing a CD, would all be examples of careless driving. Other examples would include;

  • Driving inappropriately close to another vehicle
  • Driving through a red light
  • Turning into the path of another vehicle
  • Colliding with a pedestrian
  • Overtaking on the inside

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What happens if you get caught driving without due care and attention?

If you are caught driving without due care and attention you will either receive a Notice of Intended Prosecution detailing the offence or a summons requiring you to attend court. It is essential that you contact us at this stage so that we can advise you on the steps to be taken.

There can be a fine line between what is classed as an accident rather than driving without due care and attention. If it is an accident then this is normally dealt with through insurance companies. As soon as the police become involved then they are looking at a criminal prosecution and you should receive immediate advice from one of our specialist Lincolnshire Motoring Defence Team.

What is the penalty for driving without due care and attention?

Driving without due care and attention carries a penalty of either a disqualification, or between 3 and 9 points. You can also be faced with a fine up to £2,500 depending on the nature of the incident.

The worse the driving, the worse the penalty will be. The following will always be seen as aggravating features;

  • Excessive speed
  • Carrying out tasks while driving
  • Carrying passengers or a heavy load
  • Tiredness
  • Causing injury
  • Causing damage to other vehicles or property
  • High level of pedestrians or other vehicles
  • Location, such as near a school

If you are pleading guilty it is still essential that you seek advice. If the court is wrongly of the opinion that any of these factors apply, then the sentence could be much worse than it needs to be.

We can help

If you are being prosecuted for driving without due care and attention call 01522 561020 and a member of our team will help you.

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    Further Advice

    FAQs

    This, of course, is for you to decide. If you are not bothered about losing your licence, or having a criminal record, then perhaps you don’t. But there are not many people in that position. We deal with people in your situation on a daily basis, and have the expertise to ensure that your case runs as smoothly, and successfully, as possible.

    Legal Aid for motoring offences is available for more serious offences. It is available for anyone being dealt with at the Crown Court, and for more serious matters at the Magistrates’ Court. Advice at police stations is always covered. We can advise you whether you will be entitled to Legal Aid if you get in touch with one of our advisors.

    We have a team of experienced and highly qualified solicitors available at offices throughout Lincolnshire and Nottinghamshire who are available to help you at police stations 24 hours per day, so if you are stopped at midnight you don’t need to worry.

    We regularly travel much further afield to represent our clients. In our experience, you can find so-called experts on the internet. They will promise the earth and charge you a fortune. However, they will probably instruct a solicitor with no real interest in you or your case to do the court work.

    Here at Ringrose Law , we do all our own court work, and you will be told from the start who will be looking after your case so you will have one point of contact.

    We have a team of experienced and highly qualified solicitors available at offices throughout Lincolnshire and Nottinghamshire. We regularly travel much further afield to represent our clients. In our experience, you can find so-called experts on the internet. They will promise the earth and charge you a fortune. However, they will probably instruct a solicitor with no real interest in you or your case to do the court work. Here at Ringrose Law , we do all our own court work, and you will be told from the start who will be looking after your case so you will have one point of contact.

    The time it takes for cases to be dealt with varies enormously, often depending on the seriousness of the offence. It is impossible to generalise, but our advisors have years of experience and will be able to assist with this question.

    Court proceedings are normally open to the press who can report most cases. There are exceptions to this, for example if children are involved. We can advise on your particular circumstances if you get in touch.

    Yes. You do not have to accept a fixed penalty and can chose to have your case dealt with in court.

    Appointments at your home or office can be arranged.

    If you are charged or summonsed with an offence then you will normally have to go to court. It is sometimes possible to have cases dealt with in your absence, but whether this is advisable is another matter. Please contact us for advice.

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