Often called Careless Driving & carries a maximum £5000 fine, 3 – 9 points or a discretionary ban…
Without Due Care And Attention ( Careless Driving )
Careless Driving Offence Codes: CD10, CD20, CD30
Have you been accused of careless driving?
This means that the Police are suggesting that on a specific occasion, the standard of your driving fell below that of a reasonable and prudent driver in all the circumstances.
Without Due Care (often called Careless Driving) is covered by Section 3 of the Road traffic Act 1988.
Without Due Care & Attention Penalties:
- Fixed Penalty Notice – 3 Points & £100 Fine
Or, for more serious offences:
- 3 – 9 Penalty Points or a discretionary ban plus an unlimited fine.
Driving Without Due Care and Attention or Without Reasonable Consideration for Other Road Users
You can defend careless driving allegations if you cast a reasonable doubt on that suggestion. Or, additionally, if you can show that in the specific circumstances of your case, any reasonable and prudent driver would have reacted/driven in the same way.
In many circumstances, your without due care and attention offence will be dealt with using a fixed penalty of 3 points and £100 fixed fine.
However, from 1st July 2025, the Sentencing Council confirmed that if you are charged to court then penalty points and disqualifications will now be based solely on culpability, and not harm. Harm will still determine the fine, not points or ban. An outline of the new guidance is shown below: –
| Culpability | Points / Ban | Harm & Fine Bands |
|---|---|---|
| Category C (low) | 3-4 points | Low Harm = Band A Fine |
| High Harm = Band B | ||
| Category B (medium) | 5-6 points or up to 56 day ban | Low Harm Band B |
| High Harm Band C | ||
| Category A (high) | Consider disqualification | Low Harm = Band C |
| High Harm Band D |
You can view the full Sentencing Council guideline here: Careless Driving – Sentencing Guidelines (July 2025)
Careless Driving Offence Video:
Without due care and attention tends to relate to lapses in concentration or loss of control of the vehicle.
Careless driving tends to be more about bad decision making or angry/aggressive driving.
Without due care and attention / inconsiderate driving is in some ways an unusual offence. The Court is entitled to reach the conclusion that ‘the facts speak for themselves’.
This will often be the case where there has been a collision and the accused claims to have no memory of the incident. As such they are unable to advance a positive defence.
How We Can Help
- Challenge the charge by showing your standard of driving did not fall below that of a “reasonable driver”
- Focus mitigation on your level of culpability to aim for Category C or B
- Review any evidence of harm to influence fine levels
- Negotiate diversion options, like the Driver Retraining Course (where available)
- Mitigate against discretionary bans, especially in Band B culpability cases
Why You Need Expert Advice Now
- Even minor lapses in concentration can now fall into Category B carrying 5-6 points or a discretionary disqualification of up to 56-days.
- Courts will now assess the driving behaviour, not the outcome so even if there was no accident your driving licence could be at risk.
- Careful preparation of mitigation to align with new guidelines and not the old “harm plus culpability” guidelines.
Do you depend on your driving licence for your job? We can help defend allegations…
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Driving Without Due Care & Attention FAQs;
My Steering Failed And The Police Have Charged Me With Driving Without Due Care And Attention
What’s The Difference Between Driving Without Due Care And Inconsiderate Driving?
I Drove Over A Police Officers Foot
Due Care And Attention – Considering A U Turn In Traffic Jam
Young Driver – Driving Without Due Care And Attention?
Do you have any questions about being stopped for driving without due care and attention (careless driving) offences? Please ask and we will gladly give you legal advice based on the specifics of your case and offence.
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I am absolutely delighted to be moving forward without a conviction and I am incredibly grateful to yourself and the team at Patterson Law. I contacted several firms yet only your firm offered a solution. This made me wary, especially because another firm had advised me that it would not be possible to resolve my situation. However any concerns were clearly unfounded. I have been impressed by how speedily my case has been resolved and with your swift communication. I have also valued your honesty and clarity in addressing my questions. No doubt your firm are already aware, but you are an asset.
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