Careless Driving / Due Care and Attention
Careless driving, also known as "driving without due care and attention," is a common traffic offence, but it can carry serious penalties. If you’ve been accused of careless driving, we can help you understand your rights and build a strong defence.
What Is Careless Driving?
Under Section 3 of the Road Traffic Act 1988, careless driving is defined as driving that falls below the standard expected of a competent and careful driver or failing to show reasonable consideration for other road users.
Careless driving can include:
- Distracted driving (e.g., using a mobile phone).
- Failing to signal properly.
- Driving too close to another vehicle (tailgating).
- Minor collisions caused by lapses in attention.
The police must serve a Notice of Intended Prosecution (NIP) within 14 days of the incident, either verbally at the scene or in writing by post. If you disagree with the allegation, you may have a valid defence.
What Are the Penalties for Careless Driving?
If convicted, penalties may include:
- 3 to 9 Penalty Points: Added to your licence.
- Fines: A financial penalty depending on the seriousness of the offence.
- Immediate Driving Ban: For the most serious cases.
If you already have penalty points, you could face a 6-month disqualification under the “totting up” rules. For more information, see our Totting Up Penalty Points page.
Defences Against Careless Driving
If you believe your driving met the required standard, or if there are mitigating circumstances, we can help challenge the charges. Potential defences include:
- Lack of Evidence: Proving there is insufficient evidence to support the allegation.
- Mechanical Failure: Showing the incident was caused by an unexpected fault with your vehicle.
- Emergency Situations: Demonstrating that your actions were necessary to avoid greater harm.
- Adverse Weather Conditions: Arguing that poor road or weather conditions played a role.
- Medical Emergencies: Explaining how a sudden health issue affected your ability to drive.
- Mistaken Identity: Proving you were not the driver involved in the incident.
Each case is unique, and we will carefully review all evidence, including police reports, CCTV footage, and witness statements, to identify the strongest defence for you.
Can I Avoid Court?
In some cases, the police may offer a Safe and Considerate Driving Course instead of prosecution. This decision is at their discretion and depends on factors like the seriousness of the incident and your driving history.
If a course is not offered, or if you deny the offence, proceedings will usually begin with a Single Justice Procedure Notice (SJP) or, in more serious cases, a court summons.
How We Can Help
Our experienced team has handled countless careless driving cases and can assist you with:
- Case Review: We will assess the evidence and advise you on the strengths and weaknesses of your case.
- Expert Evidence: If necessary, we’ll work with accident reconstruction specialists or mechanics to challenge the prosecution’s claims.
- Police Procedure: We will ensure the police followed all legal procedures correctly, as errors could weaken their case.
- Strong Representation: Whether you plead guilty or not, we’ll represent you in court to achieve the best possible outcome.
Sentencing and Mitigation
If you decide to plead guilty, we can still help reduce your sentence. Our team will prepare compelling mitigation to show:
- Your Good Character: A clean driving record or contributions to the community.
- Personal Circumstances: The impact of a ban on your job, family, or health.
- Unusual Factors: Any specific details about the incident that lessen its severity.
Courts take these factors into account, and with our representation, we can ensure your case is presented in the most favourable light.
Why Choose Us?
- Decades of Experience: Our solicitors are experts in motoring law with years of experience in defending driving offences.
- Proven Results: We’ve successfully defended and mitigated penalties for countless clients.
- Free Initial Consultation: We’ll assess your case and provide honest, straightforward advice at no cost.
Don’t Face This Alone – Get Expert Advice Today
Contact us now for a free consultation. Call 0161 383 8855 or request a callback by filling out the form below. Let our experienced team help protect your licence, your freedom, and your future.
Very helpful with their advice. They didn’t even ask for payment and didn’t mention it.
david malin13 October 2024
I can't recommend Alex Rostron at The Motoring Lawyers highly enough. From start to finish, he provided exceptional legal support, and thanks to his expertise, I was fully acquitted of... read more
Husnain Mohammed30 October 2024
Amazing guys Incredibly professional very helpful in answering all my questions and got the verdict we wanted
Umar Nakhuda26 July 2024