Careless driving

You can be accused of careless driving — or driving without due care and attention — when the police have evidence that your driving fell below the standard expected of a reasonable and competent driver.

We have assisted many clients charged with careless driving for things such as:

• Driving too close to another vehicle
• Tuning a radio
• Not giving way at a junction
• Overtaking on roads where it is not permitted
• Inappropriate speed
• Eating, drinking or smoking while driving

Careless driving vs dangerous driving

Careless driving occurs when a person’s standard of driving falls below the standard expected of a competent and careful driver, whereas dangerous driving is where the standard falls far below that expected. There is a qualitative distinction between the two offences, with careless driving being the less serious — it is essentially a matter of fact and degree.

The likely penalties

The penalty will depend on how far your driving fell below the normal standard, any aggravating or mitigating features, any personal mitigation, and whether you plead guilty. The court will be referred to the Sentencing Guidelines, and must give reasons if it departs from them. The maximum penalty is an unlimited fine, with your licence endorsed with 3 to 9 points or a discretionary disqualification.

• If you have a defence
• If you are unsure whether the elements of the offence are made out
• If there are special reasons not to endorse your licence or disqualify you from driving
• If you do not know what the sentencing guidelines are, or do not think you should be dealt with in accordance with them
• If you want a solicitor to make representations on your behalf, or do not want to represent yourself in court
• If you want to try and persuade the court to impose fewer points than the guidelines suggest
• If you would prefer points rather than a discretionary disqualification — or the other way round
• If you are at risk of a penalty points (totting up) disqualification