Careless driving / Driving without due care and attention

Careless driving / Driving without due care and attention

The offence of driving without due care and attention (sometimes know as careless driving) is one where the standard of driving is measured against what would be expected of a reasonable and careful driver and is judged to have fallen below that standard.

Driving without due care and attention is a less serious offence than dangerous driving but can still carry a penalty of a fine plus between a 3 and 9 point licence endorsement or disqualification for a fixed period.

Charges of careless driving are often brought following an accident where the police have been involved at some stage.

Although the law does not set out exactly what constitutes driving without due care and attention, the following are examples which may be considered to be careless driving:

• Not paying enough attention to the road - this may be because you were distracted by changing a CD or similar, or because you were tired.
• Tailgating another vehicle
• Driving inappropriately fast for the road conditions
• Pulling out in front of another vehicle, creating a risk of collision

An experienced solicitor will help you to put together a defence taking into account any mitigating factors which could influence the outcome. Contact us for more advice.

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Death by careless driving

This is a newer offence which was introduced in the 2006 Road Safety Act. It is an offence where someone with a previously unblemished driving record may be charged with causing death by a momentary lapse in judgement or from careless driving.

Although this carries less serious penalties than death by dangerous driving you may still be punished by imprisonment for up to 5 years as well as disqualification and a fine.

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