Driving Without Due Care and Attention

Driving without due care and attention, also known as careless driving, is a motoring offence that can lead to penalties including fines, penalty points on your licence or a driving ban. At David Gray, we understand the importance of your driving licence and our team of specialist motoring solicitors are experts in a range of road traffic or driving offences, like driving without due care and attention.

Whether you are looking for legal support to challenge your careless driving charge, reduce the level of punishment or avoid penalty points or disqualification from driving, our team are located in Newcastle upon Tyne and South Shields, and provide expert legal advice for clients across the North East.

Section 3 of the Road Traffic Act

Driving without due care and attention (careless driving) falls under section 3 of the Road Traffic Act 1998 and is committed when the defendant’s driving falls below the expected standard of a careful and competent driver. The definition of the legislation reads:

“If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.”

There are several examples which can be classed as careless driving:

• overtaking on the inside
• driving too close to another vehicle
• mistakenly driving through a red light
• turning into the path of another vehicle
• the driver being avoidably distracted
• flashing lights to force other drivers to give way
• misusing lanes to gain advantage over other driver
• driving or braking unnecessarily slow

While driving without due care and attention is different from dangerous driving, careless driving could lead to road traffic accidents or collisions. Each situation is different in a careless driving case, so the Court assesses each specific case and makes a judgement on whether you were driving reasonably in your circumstance. Regardless of whether you are found to have been driving carelessly or dangerously, you risk penalties, disqualification or prosecution.

Careless driving investigation

If you are suspected of careless driving, you may be pulled over on the road by police, receive a notification to identify the driver or questioned by the police.

If you are asked to answer questions by the police in any scenario, whether you have been arrested or if the interview is under caution, you are entitled to free legal advice. You can ask the police to notify David Gray solicitors or contact us directly. Our solicitors are available 24 hours a day and at short notice.

If you are charged with driving without due care and attention, your penalty will vary depending on the severity of the incident. For something more minor, you could be offered a Fixed Penalty of three points on your licence and a fixed fine. However, if your careless driving is considered more seriously you could receive up to -9 points ora disqualification from driving. If someone is killed or seriously injured as a result of careless driving, more serious charges which and punishments up to a prison sentence are possible.

You may receive a Postal Requisition, which is a legal document notifying you that you are being charged with a criminal offence and must appear in Court, or a Single Justice Procedure Notice, which notifies you of a minor criminal offence charge asking you to plead guilty or not guilty in writing or online.  Should you receive one of these, or if you are charged, you should seek legal advice immediately to ensure you understand what you are being charged with and you are prepared for your court date.

Penalties for driving without due care and attention

In the event of a driving without due care and attention conviction, you can face several penalties, including fines, 3 to 9 penalty points on your driving licence or disqualification from driving. The severity of the penalty you face depends on the nature and consequences of the careless driving incident. For minor cases, a £100 fine and 3 penalty points on your licence are common, but more serious cases of driving without due care and attention can result in a £5,000 fine, 3-9 penalty points and a driving disqualification.

Endorsement codes are added to your licence with the penalty points and depending on the offence, these endorsements must stay on your driving record for 4 or 11 years.

If you have committed a minor motoring offence, you may be offered a speed awareness or national driver improvement course, which will prevent you from receiving any penalty points on your driving licence or a fine. However, these courses are still a punishment and you will need to pay for them.

Penalty points can also have an impact on the price of your car insurance.

Totting up and exceptional hardship

If you receive 12 or more penalty points within three years, you should be disqualified under the Totting Up system.  However, if you can prove you would suffer “exceptional hardship” by losing your licence, for example if you need your car to care for elderly or disabled relatives, you can avoid disqualification.

Our specialist careless driving solicitors will prepare you for this court hearing and provide expert representation.

Outright disqualification

Should your driving without due care and attention border on dangerous driving, , your case can increase in severity and the Court can consider an outright disqualification.

Careless driving solicitors

Our specialist motoring solicitors at David Gray have extensive experience in dealing with a range of driving offences and are best ranked in the North East. Based in Newcastle upon Tyne and South Shields, we offer representation for careless driving cases across the area. If you have been charged with driving without due care and attention, or careless driving, contact us today.

Our Fees

Every case is different, so please contact us to discuss your requirements and our fees. In accordance with rules published by the SRA, as of December 2018, all firms offering this type of work must publish details of prices and personnel undertaking the work. Please see our fees for motoring offences page for more information.

Contact Us

You can reach us by calling 0191 232 9547 or emailing us. For out of hours emergency advice please call 07764 929 487.

Alternatively, you can book an appointment and visit us at one of our North East offices:

NEWCASTLE:
56 Westgate Road, Newcastle Upon Tyne, NE1 5XU

SOUTH SHIELDS:
142 Fowler Street, South Shields, Tyne & Wear, NE33 1PZ