What is driving without due care and attention?
Driving without due care and attention, or careless driving, is defined under law as;
- Driving that falls below the standard expected of a competent driver; or
- 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 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
- 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 0333 3580 393 and a member of our team will help you.