The Road Traffic Act 1988 states that it is an offence to be guilty of ‘driving a mechanically propelled vehicle on a road or other public place without due care and attention’
Careless driving is defined as driving that:
- Falls below the standard expected of a competent driver, or
- That does not show reasonable consideration for other people and their safety using the road/pathways.
This does not mean that you have had an accident, just simply that you have driven whilst not focusing on your driving or the safety of others. There are many actions, which can be deemed to fall into under this category including undertaking, cutting in front of another driver and eating while driving. Unlike more serious traffic offences, driving without due care and attention can often involve an honest mistake rather than making a decision to break the law, for example by deciding to drive after consuming alcohol.
The police may wish to interview at a police station either under arrest or voluntarily. If they do, you are entitled to free, independent legal advice. We can represent you at the police station.
If you are caught driving without due care and attention, you will either receive a Notice of Intended Prosecution (NIP) with the details of the offence you have committed, or you will receive a summons (postal requisition) with the time and date you need to attend court. If you are found guilty of careless driving a court can impose between 3 and 9 penalty points, or disqualify you. The courts will also impose a financial penalty which you will need to pay. In less serious cases, it can be possible to be referred to a Driver Awareness Course in order to avoid the implications of getting points.
As driving without due care and attention covers a variety of driving infringements, every single case will be different. At Paul Robinson, we will work to obtain the best possible outcome for you, by either preparing for and representing you at trial or trying to secure the least severe punishment appropriate for your case.
If you are being prosecuted for driving without due care and attention, call 01702 338338 and a member of our team will help you.
This article does not necessarily deal with every important topic or cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice. If you require specialist advice on this topic, please contact us to discuss how we may assist you.