Careless Driving

Careless Driving / Driving Without Due Care and Attention Offence

Worried about the penalty or the expense of getting legal advice on your offence of driving with due care and attention offence?
Why worry a minute longer, put your mind at rest and call one of our legal team for FREE initial advice!

Careless driving or driving without due care and attention or Driving without reasonable consideration carries a penalty of between 3 – 9 points and a fine of up to £2500. There is a discretionary disqualification for the most serious offences. It is an offence under Section 3 of the Road Traffic Act 1988 https://www.legislation.gov.uk/ukpga/1988/52/section/3

What penalty will you face?*

*This is intended as a guide only, penalties can vary significantly on mitigating factors.
What amounts to careless driving/driving without reasonable consideration?
  • That your standard of driving fell below that of a careful and competent driver
    OR
  • That you did not show reasonable consideration for other drivers or pedestrians

Examples are:-

  • Driving into the back of a car at a roundabout/tailback on the motorway
  • Reading a map whilst driving.
  • Bumping into a parked vehicle.
  • Drinking or eating whilst driving.
  • Lighting a cigarette
  • Being dazzled by the sun (link to highway code)
  • Coming out of a side junction into the path of another vehicle;
  • Scraping another car in a car park;
  • A minor bump or shunt with another vehicle;
  • Using a satellite navigation system or map whilst driving;
  • Hogging the middle or outside lane on the motorway
How can I avoid penalty points?
If you have not been charged but have just received a notice of intended prosecution and you fall within the criteria, at the discretion of the police, you may receive an offer of a driver improvement course in which case you will not have points endorsed on your licence.

This is not possible if you have been charged unless there are some exceptional circumstances. If you been in an accident and injury has been caused it is unlikely you will be offered the course.

READ MORE ABOUT DRIVER IMPROVEMENT COURSES

Can I get a fixed penalty ticket?

These are restricted to offences which are only observed by police officers and there are no victims, no collisions and no public complaint. It covers but is not restricted to the following types of driving.

  • Lower level aggressive and inconsiderate driving where others are not unduly affected
  • Driving too close to the vehicle in front
  • Failing to give way at a junction causing no evasive action by another driver
  • Overtaking and forcing into a queue of traffic
  • Using the wrong lane on a roundabout
  • Ignoring a lane closed sign and forcing into a queue of traffic
  • Poor lane discipline i.e. remaining in lane two or three when lane one is empty
  • Inappropriate speed i.e. too slow
  • Wheel spins
  • Handbrake turns

The fixed penalty for a careless driving offence is £100 and 3 points

READ MORE FIXED PENALTY TICKETS

I want to plead guilty to driving without due care and attention.

You may think you are guilty of the offence and wish to enter a plea of guilty either in writing or in person, but before you do get some legal advice its FREE and it may save you penalties you do not deserve.

You will not, as a rule, get the same as a fixed penalty ie £100 and 3 points.

It is always better to get a specialist solicitor to either write a guilty plea and mitigation letter for you or attend court with you especially if you are at risk of a disqualification.

Take a look at our penalty calculator to see what sort of penalty you are likely to receive.

How do I get off my careless driving charge?

Fighting a careless driving charge would mean you have to have a trial in the Magistrates court. This can be extremely daunting but our specialist team of lawyers can support you by

  • Reviewing the strength of the prosecution’s case against you
  • Finding the weaknesses in the prosecution case
  • Collating evidence in your defence
  • Attacking the prosecution case relentlessly on your behalf
  • Taking the pressure and anxiety off you
  • Being there to answer all your question
  • Provide specialist representation in court

Most careless driving charges depend on eyewitness accounts of ordinary members of the public, whose credibility can be cast into doubt more easily than the police.

Often expert evidence is required to prove that you were not responsible or that you could not have avoided a collision. These will require additional fees but their evidence is often the linchpin of a defence we will use one of our panel of experts if you require one.

If the evidence is so inconsistent we can often write representations to the prosecution to discontinue the case against you.

Unsure about what you should do next?

Most motorists are unsure of their options when facing a careless driving conviction. They do not know whether they should plead guilty or not guilty or what the penalties may be. They are not aware that there may be defences available. Call one of our specialist solicitors to discuss your options.

One of our legal team will be more than happy to have a chat about your options and your concerns FREE OF CHARGE.

Between us we will reach the right decision.

We will not charge you a penny until you instruct us to act for you and we offer an instalment plan to managing your finance a little easier.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

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AURIGA ADVOCATES

were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

keep; you well informed with your current status and give you the confidence to appeal for a better outcome toward your case. I would recommend them to anyone needing help and reassurance to what sometimes can seem a time of hopelessness and despair

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