Driving without due care and attention

It is an offence to drive a mechanically propelled vehicle on a road or other public place without due care and attention.

The standard of driving expected is the degree of care and attention to be exercised by a reasonable and prudent driver in the circumstances. Often, cases are defended on the basis that the standard of driving did not fall below this benchmark standard.

Alternatively, a technical defect may have resulted in the standard of driving exercised. If you were unaware of this defect, you may have a defence.

Effective preparation is key to a case of this nature. It may be that we can take statements from independent witnesses to an incident, when, for example the police have not done so. We may attend the incident location with you in order to retrace events and take photographs to be used as evidence. Contact our motoring law team in the early stages of your case in order to make sure your case is prepared in the best possible way.

We have strong relationships with experts who can assist in forming the defence case. For example, we could instruct an accident investigator to prepare a report to assess what has been said by prosecution witnesses. We may instruct an expert to assess the vehicle in question to see if there was any kind of mechanical defect.

It may be that you accept driving carelessly, but there were special reasons for you doing so. Specific advice and assistance will be required in this respect.

Penalty: The offence carries between 3 and 9 penalty points. Disqualification may be considered.

As well as penalty points or a disqualification, the court will also consider a fine (to a maximum of 2,500.00).