Driving Without Due Care & Attention / Careless Driving

red car with broken headlight, after an incident of careless drivingIf you have been involved in an accident and there has been Police involvement, whether at the scene or at a later date, then it is possible that you could be summonsed for Driving Without Due Care & Attention (commonly referred to as Careless Driving) or Inconsiderate Driving.

This can be a very stressful time for all involved, especially when you feel

“it was just an accident!”

Here, at Trident Solicitors, we have extensive experience of advising and representing people summonsed for offences of driving without due care and attention and careless driving and our experience includes representing people for the most serious offences of Dangerous Driving and Causing Death by Dangerous Drivng.

What is Careless Driving or Driving Without Due Care & Attention?

There is no definition as laid down by the Law except to say that “the standard of driving falls below that which would have been expected of a careful and competent driver” but examples do include:

  • pulling out into the path of other vehicles
  • not paying attention to the road
  • driving at inappropriate speed for the road conditions
  • tailgating another vehicle

The Highway Code is viewed as a source of advice on good driving standards, but holds no weight in Law.

What is Inconsiderate Driving?

Again, whilst there is no clear definition of Inconsiderate Driving, it is generally held to mean “driving which causes undue upset to other road users because it is viewed as being particularly aggressive or selfish”. Examples of Inconsiderate Driving have been found to include:

  • repeatedly tailgates a vehicle
  • continued beeping of horn or flashing of lights
  • driving at unneccessarily slow speeds

What are the penalties for Careless or Inconsiderate Driving?

The Court has the power to impose between 3 and 9 penalty points or a discretionary disqualification. The higher level of points and disqualifications are usually reserved for the more serious of matters, such as high value of damage caused or serious injuries sustained.

It is important to note that if you currently have penalty points upon your driving licence, then dependant upon the points imposed here, you could be liable for a “Totting Up Disqualification” and need to make an “Application for Exceptional Hardship

If you face, or are worried about a matter of driving without due care and attention or careless driving, then contact Carl today either by calling 01482 227669 or emailing him at carlcodd@tridentsolicitors.co.uk