Driving Without Due Care and Attention/Careless Driving
You are guilty of an offence of driving without due care and attention if the way you drive falls below what would be expected of a competent and careful driver.
Sentencing for driving without due care and attention
- Your licence must be endorsed with 3 – 9 penalty points or a discretionary disqualification
- Fine up to a maximum of £5,000
- This is a summary only offence and can only be dealt with in the Magistrates Court
An offence of driving without due care and attention usually involves an accident where a driver of a vehicle has had a lapse of concentration. Typical examples of this would be:
- Looking at your Satellite navigation system
- Being distracted by passengers in the vehicle
- Adjusting the radio or your seat belt
It would be a defence to driving without due care and attention if:
- You were driving with all reasonable diligence and your driving had not fallen below that of a reasonable competent driver
- You were not driving the vehicle
- Your vehicle was not involved in the incident
This type of defence is often the most difficult to defend. Prosecutions generally occur when there has been an accident. This usually means there has been a lapse of concentration by a driver of a motor vehicle. This person is often prosecuted for driving without due care and attention.
When facing an allegation of this nature it is extremely important that you obtain legal advice as quickly as possible. It will be necessary to persuade the Court that your standard of driving had not fallen below that of a reasonable competent driver.
It is often beneficial to instruct an expert to examine the scene of the accident. We will be able to do this on your behalf. We will be able to take witness statements and your instructions and advise on the best course of action. When defending these cases it is important to ensure all evidence is heard by the court and a persuasive argument is presented to show that the offence has not been committed and that the standard of driving had not fallen below what is reasonable.