The question for the Court in most cases, is simply whether your standard of driving fell below the standard of a competent and careful driver.   These cases are extremely common, as plainly, your standard of driving does not need to fall far below that of a competent and careful driver, simply just below. 

Each case will turn on its own facts, but examples of careless driving which are prosecuted include:

1. Rear end collisions.
2. Overtaking on the inside.
3. Driving inappropriately close to another vehicle.
4. Inadvertently driving through a red light.
5. Emerging from a side road into the path of another vehicle.
6. Giving misleading signals.
7. Tuning a car radio, using a mobile phone, lighting a cigarette, reading a newspaper.

Sentence

This offence is non-imprisonable and can only be dealt with in the Magistrates Court.  The maximum penalty for driving without due care and attention is an unlimited fine.  The court must also impose a minimum of 3 penalty points to be endorsed on your driving licence, albeit disqualification from driving can also be imposed (no maximum period) in more serious cases.

In cases where death is caused by careless driving, cases can be heard in the Magistrates Court or Crown Court.  A maximum sentence of up to 5 years imprisonment can be imposed.

Driver Awareness Courses

If the circumstances of the offence are not particularly serious, you may be eligible to undertake a driver awareness course. This is entirely discretionary, but with our carefully devised written or oral representations, we can often persuade the police /crown prosecution service to offer you a course avoiding court proceedings and reducing costs. 

Defences

Defences to this offence are often factual.  It can be a defence for you to show that your driving did not amount to carelessness or driving without due care and attention.  Alternative defences include where the careless driving is caused by a mechanical defect in the vehicle (provided it was neither obvious or known to the driver), where the driver was reasonably distracted (such as by animal/passenger), or where the carelessness occurs in the first few seconds of a driver being blinded.  Necessity can also be a defence to careless or inconsiderate driving.

If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists