Careless Driving / Driving Without Due Care and Attention

In Your Defence Ltd (M23Law) specialise in defending clients on all types of motoring / road traffic cases, including careless or inconsiderate driving. This offence is also known as driving without due care and attention.

car crash

Section 3 of the Road Traffic Act 1988 (as amended), provides that it is an offence for a person to drive a mechanically propelled vehicle on a road or persons using the road or public place “without due care and attention, or without reasonable consideration for other persons using the road or place”.

Examples of careless driving include:

- Driving whilst pre-occupied by something else, such as tuning the radio, applying makeup or similar.
- Poor lane discipline.
- Crossing a central white line.
- Driving whilst tired / falling asleep.
- Mounting a pavement or verge.
- Inappropriate or misleading use of signals such as indicators.
- Tailgating.
- Failing to take account of road signs.
- Failing to stop at a 'T' junction.
- Misuse of headlights.

Defences vary depending on the particular circumstances of a client's case and our specialist advice is necessary. However, we often argue that the standard of driving was in fact reasonable and did not fall below the requisite standard. Other defences include:

- Automatism.
- Sudden mechanical defect in the vehicle resulting in substandard driving.
- Necessity.
- Duress.

The above defences can only be used in very limited circumstances and are difficult to progress.

Special reasons might also be considered.

If convicted of careless driving you face:

- A fine of up to £5,000.00.
- 3 - 9 penalty points or disqualification from driving.

If you are to be interviewed by the police, or have received a summons to attend court for careless driving, contact us on 01293 550 400 for help and further information.

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