CARELESS DRIVING/DRIVING WITHOUT DUE CARE AND ATTENTION

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?

 

  • 1. That your standard of driving fell below that of a careful and competent driver

OR

  • 2. 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

  • I am a lawyer and for the first time I found myself facing an interview under caution for driving without due care and attention. I phoned Auriga in response to their offer of a free consultation. I had my doubts about the quality of advice I might get in a free consultation but in the event there was no justification for my scepticism. The woman I spoke to (Andrea) listened very carefully to everything I had to say, asked relevant and incisive questions, challenged what I said where appropriate, and made valuable suggestions for the way in which I was to handle the interview. She explored the possibilities of a resolution which would avoid prosecution. I was highly impressed by the level of attention, knowledge, care and the thoroughness with which she advised me. As someone who is used to giving legal advice myself, I could not fault her.
    Best of all, it is now five weeks since the incident. I was told I would be contacted within a couple of weeks or so if the police were to take the matter further. I was undoubtedly guilty of driving without due care and attention. I don’t want to tempt providence, but it very much looks as if I may not even be required to attend a driving course.
    Mr. B, London

  • Andrea had been assigned to me to help deal with a Road Traffic Incident.  I came across their service on line.

    I found Andrea to be very professional and helpful.  Explaining everything in full, so I was able to understand what was happening at all times.  Andrea worked fast and able to get a result for me very quickly.

    I would like to thank Andrea for helping make the ordeal less stressful and would highly recommend her and the company to all my friends who might be in the same situation I found myself in.

    Mr S, Cheshire.

    (In this case we persuaded the police not to issue proceedings at the outset).

  • Thank you for the professional way in which the Auriga Advocates team managed and handled my case. Every question I had at every stage was not only answered but explained so that I understood.I was looking at a long ban and community service but thanks to you and the manner that you dealt with the case especially on the day of the Court hearing, you were able to reduce this to a short ban and small fine.Thank you for achieving the best possible result for me.

    I would recommend you without reservation. Not only were you professional but as a person who had never been in this type of predicament before for the help and understanding you provided to me as an individual.

    Many thanks      Mr G Southampton

  • I have recently used the services of Auriga, and I can say that I was extremely happy with their professionalism, knowledge, and experience with driving offences.

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • If you are looking for hype, false promises and sales talk, Auriga Advocates is not for you!

    What Auriga offers is a pragmatic approach at every stage of your case.  Andrea remains calm and realistic throughout the whole process.

    I was accused of dangerous driving and the thought of losing my licence and the detrimental effect it would have on my life put overwhelming stress on me.  Andrea was available to speak to me at all times and advise accordingly.  Her knowledge of the CPS processes is second to none which enables her to be one step ahead.  She leaves no stone unturned and meticulously builds up a strong case on your behalf.  Based on the strong information and evidence gathered Auriga were able to gather, my charge was reduced to driving without due care and attention.

    I would recommend Andrea and her team to anyone who is facing a potential driving conviction!

    Ms D Gloucs   Dangerous Driving (July 2017)

  • Andrea, you were ahead of the CPS every step of the way.  The advice you gave was correct and accurate at all times and your assessment of where and how the case should be dealt with was spot on.  Oliver and Archie were excellent in court both in terms of performance and steadying my nerves.”

    Mr R  Dangerous driving – Northants