Section 3 Road Traffic Act 1988 seems to suggest that there are two different ways that you can commit this road traffic offence…Either by driving without due care or by driving without reasonable consideration..What’s the difference?
There are two ways that you can commit a driving without due care offence. The potential penalties are the same on conviction. A fine and penalty points on your driving licence (3-9 points), or a discretionary ban from driving.
For a driving without due care conviction the prosecution must prove that the standard of driving fell below what would be expected of a competent and careful driver in all the circumstances.
To convict you of inconsiderate driving the prosecution have to prove beyond reasonable doubt that a competent and careful driving would not have driven that way and that other drivers were inconvenienced by the driving in question.
Examples of inconsiderate driving include driving without dipping your lights for oncoming traffic, driving through puddles (next to pedestrians) at speed, aggressive overtaking on single lane roads, tailgating etc. etc.
If you have been accused of inconsiderate driving call us for a chat. We can help.