Driving without due care and attention / Careless driving

If you are charged with Careless driving or Driving without due care and attention, we aim to achieve the most favourable outcome possible for you. In some cases this may be an acquittal of the charges, in other cases it may mean minimising the sentence imposed by the Courts.

Allegations of driving without due care and attention can be prosecuted on the legal basis of:

1. Your driving fell below the standard expected of a competent driver
or
2. You did not show reasonable consideration for other road users (vehicles or pedestrians)

Prosecutions often brought by the Police following an accident. In some cases, the fact that an accident has been caused may be used as a basis for the prosecution, who will state that it is self evident that the standard of driving was below the expected level, otherwise the accident would not have occurred.

The law in England does not explicitly state what constitutes careless driving, however some examples of behaviour that has been used in prosecutions include:

Causing an accident
Tailgating another vehicle
Pulling out of a side junction into the path of another vehicle
Not paying enough attention to the road; this may be because you were distracted (using a satellite navigation, lighting a cigarette, etc)
Driving too fast for the road conditions

In terms of penalties, this crime is less serious than Dangerous Driving. The penalty for careless driving is usually a fine and penalty points (between 3 and 9), or disqualification from driving for a period of time.

Do I require a solicitor for a motoring offence?

Some people choose to represent themselves in Court to try and save money on legal fees. This is almost always a mistake. The Courts have heard every excuse that exists for motoring offences and will not be impressed by someone with little or no understanding of the law trying to defend themselves.

A specialist motoring offences solicitor with knowledge and experience of the law will offer you the best chance of achieving a favourable outcome in your case.