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Driving without due care and attention



Mon 1 January 2024 Driving without due care and attention

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

What are the potential penalties?

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:

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 :-


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