Driving without due care and attention

Mon 1 January 2024

What is driving without due care and attention

Driving without due care and attention, also known as careless driving, is a traffic offence in England defined by Section 3 of the Road Traffic Act 1988. The offence is committed when a driver's standard of driving falls below that of a competent and careful driver, or shows a lack of reasonable consideration for other road users.

The burden of proof in traffic offences rests with the prosecution to prove you were driving without due care and attention beyond reasonable doubt.

Examples

Distracted driving: Using a phone, eating, applying makeup, adjusting the radio, or engaging in conversations that divert your attention.
Tailgating: Following too closely to the vehicle in front, increasing the risk of rear-end collisions.
Speeding: Exceeding the posted speed limit or driving too fast for the conditions.
Improper lane changing or overtaking: Changing lanes without indicating, overtaking on unsafe roads or blind corners, or driving in the overtaking lane for extended periods.
Ignoring traffic signals: Running red lights, failing to stop at stop signs, or ignoring other traffic control devices.
Aggressive driving: Tailgating, weaving in and out of traffic, making unsafe lane changes, or flashing headlights to intimidate other drivers.
Driving tired or under the influence of alcohol or drugs: This significantly impairs your ability to drive safely.

What are the potential penalties?

Fines - up to £2,500 for careless driving, and potentially unlimited for causing death through careless driving.
Points on your licence - up to 9 points for careless driving, leading to disqualification if you accumulate 12 points within 3 years.
Driving course - Mandatory attendance on a driver improvement course may be ordered by the court.
Disqualification from driving - In serious cases, especially those involving injury or death, the court may disqualify you from driving for a period of time.

What are aggravating factors which may make the penalty at or near the top end?

Aggravating factors in driving without due care are elements that make the offence more serious in the eyes of the law, potentially leading to harsher penalties. These factors essentially increase the culpability of the driver and the harm caused.

Here are some key aggravating factors for driving without due care:

Excessive speed - going significantly above the speed limit or driving too fast for the conditions shows blatant disregard for safety.
Distracted driving - engaging in activities like using a phone, eating, or adjusting the radio diverts attention from the road.
Driving contrary to medical advice - wilfully ignoring doctor's recommendations for not driving shows heightened recklessness.
Previous convictions - a history of traffic offences demonstrates a pattern of dangerous behaviour.
Injury to others - causing physical harm to other drivers, passengers, or pedestrians significantly raises the severity of the offence.
Damage to other vehicles or property - extensive damage to cars, infrastructure, or private property adds to the cost and inconvenience caused.
Traffic related factors - driving carelessly in busy areas with increased risk of collision is deemed more dangerous, especially near schools, hospitals, or other areas with vulnerable individuals.

Potential defences

The following are potential defences, with some of these, where they do not succeed, they may still be relevant to a plea in mitigation :-

Not driving carelessly – you assert that your driving did not fall below the standard expected of a competent driver. This defence may also be relevant where a sudden and unforeseen mechanical fault caused you to lose control of the vehicle, leading to careless driving.
It wasn’t you driving the vehicle - this defence is straightforward but requires strong evidence to disprove your being behind the wheel at the time of the alleged offence
Mistake or misjudgment - demonstrate that your actions were due to a genuine mistake or misjudgment, not a deliberate disregard for safety.
Exceptional circumstances - show that your actions were reasonable and necessary due to unforeseen circumstances beyond your control, this could include avoiding an accident with another vehicle or animal, sudden medical issues, or dangerous road conditions.