Without Due Care And Attention ( Careless Driving )
Driving Without Due Care and Attention or Without Reasonable Consideration for Other Road Users
Have been accused of careless driving? It 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.
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.
Depending on the seriousness of your offence the maximum fine can be up to £5000, with 3 – 9 points and even a discretionary ban.
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.
Need advice about due care and attention offences? Please click here to ASK US A FREE QUESTION and find out how we can help you.