Careless Driving Charge: Driving without Due Care and Attention

At Caddick Davies Solicitors, we specialise in the representation of motorists who have been handed a Careless Driving Charge or charged with Driving without Due Care and Attention, more commonly known as “careless driving” and have successfully defended many motorists charged with this offence.

The offence of careless driving, also know as driving without due care and attention, is committed if the standard of your driving falls below what would be expected of a “competent and careful driver“.

Whether or not your driving is considered to have fallen below this standard is objective and common examples would include the following:

• Tailgating (driving inappropriately close to the vehicle in front)
• Undertaking (overtaking on the inside)
• Colliding with another vehicle (where a driver is at fault)
• Emerging from a side road into the path of another vehicle.
• Middle lane hogging

The penalty for driving without due care and attention includes a fine of up to £5,000 and the endorsement of between 3 and 9 penalty points or discretionary disqualification.

If you find yourself with a Fixed Penalty or Summonsed to appear before the Magistrates’ Court for this offence, please contact us for advice and a no obligation consultation on how we can help you.

Below you will find information on Careless Driving Law, How We Can Help and Commonly Asked Questions About Careless Driving.

What are the penalties for Careless Driving?

The penalty for Careless Driving before a Magistrates’ Court is a fine up to a maximum of £5,000 and the endorsement of between 3 and 9 penalty points, with the possibility of disqualification from driving.

In some cases, the police may offer a Fixed Penalty Notice in the alternative to a formal prosecution, which carries a £100 penalty and the endorsement of 3 penalty points. As a further alternative, all police forces in England and Wales offer a “driver improvement course” for careless driving in the alternative to either a Fixed Penalty Notice or formal prosecution.

If you find yourself with a Fixed Penalty or Summonsed to appear before the Magistrates’ Court for Careless Driving, please contact us for advice and a no obligation consultation on how we can help you.

What are the defences to Careless Driving?

Careless driving is a “strict liability” offence, which means that you commit the offence even if you had no intention to do so, or it was simply an accident. Defences will commonly have to include a factual dispute and may include the following:

1) My driving was not careless – the standard of my driving did not fall below that expected of a “competent and careful” driver;
2) My vehicle was subject to a mechanical defect of which I was unaware; and
3) It is a care of mistaken identity – it was not my vehicle or I was not the driver.

Very technical defences of automatism may also be argued in more unusual cases, where the offence has occurred through an involuntary act e.g. if the driver has fallen unconscious because of a previously unknown medical condition.

If you find yourself with a Fixed Penalty Notice or Court Summons for the offence of Careless Driving, please contact us for advice and a no obligation consultation on how we can help you.

Driver Improvement Course for Careless Driving

The police may sometimes offer a motorist the chance of attending on a driver improvement course in the alternative to a Fixed Penalty Notice or formal prosecution for careless driving.

All police forces in England and Wales offer this course and it is a matter of discretion as to whether the course is offered. In exercising this discretion the police will usually refer to guidance issued by the Association of Chief Police Officers.

In general terms, subject to an assessment of the seriousness of an offence, a course may be offered if the motorist has not attended on a driver improvement course within the past 3 years.

These course usually last 1/2 day and cost between £85.00 and £120.00 (depending on the police force and course provider).

As general guidance a driver improvement course should not be accepted if you do not believe that you have committed any offence and you should be aware that accepting a driver improvement course may impact upon any insurance claim brought against you by another driver.

If you believe that you may be eligible for a driver improvement course and have not been offered this opportunity or you have been offered a course and do not know whether to accept it, please contact us for advice and a no obligation consultation on how we can help you.

Fixed Penalty Notice for Careless Driving

For some minor cases of Careless Driving including things such as undertaking, tailgating and middle lane hogging, the police may offer a Fixed Penalty Notice in the alternative to a formal prosecution.

A Fixed Penalty Notice for Careless Driving gives a penalty of £100 and 3 penalty points.

A Fixed Penalty Notice should only be accepted if you accept that you have committed the offence or do not wish to challenge the offence.

If you do not accept the Fixed Penalty Notice then this may be challenged by completing the reverse of the notice and requesting a court hearing. Please note that once a fixed penalty notice is paid and licence details provided, you cannot reject the notice.

If you have been offered a Fixed Penalty Notice and do not know whether to accept it, please contact one of our dangerous driving solicitors for advice and a no-obligation consultation on how we can help you.

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How We Can Help

Using our expertise and experience we will undertake a thorough review of your case and identify any factual or technical defence which may be available. We will thoroughly prepare your case and present a strong defence before the court. If the court accept your defence you will be acquitted and no punishment will be imposed. We will also seek to recover the cost of your legal representation by way of a defendant cost order – Your acquittal could cost you nothing!

If you do not have a defence, we can present persuasive mitigation to the court on your behalf and will seek to minimise both the fine and penalty points imposed.

If you find yourself with a Fixed Penalty or Summonsed to appear before the court for Careless Driving, please contact us for advice and a no-obligation consultation with one of our dangerous driving solicitors to explore how we can help you.

Commonly Asked Questions on Careless Driving