Driving Without Due Care and Attention

What is driving without due care and attention?

The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving that does not show reasonable consideration for other persons using the road or pathways.

What comes under this offence?

Any driving that demonstrates lack of alertness to the dangers of the road, or a disregard for other road users (whether deliberate or not), could fall under this category.

Examples of not paying attention while driving may include:

• Fiddling with the radio or sat nav
• Reading a map (or anything else)
• Eating or drinking at the wheel
• Adjusting your seating position
• Allowing yourself to be distracted by passengers in the car

Examples of disregard for other road users may include:

• Driving aggressively
• Tailgating
• Overtaking on the left-hand side
• Lane-hogging
• Not giving way where appropriate
• Swerving across lanes
• Tiredness or driving whilst unwell
• Driving contrary to medical advice

What if the police want to talk to me about careless driving?

If the police want to interview you under caution, you have the right to free advice and representation from a solicitor.

What are the possible outcomes?

• You may be offered a place on the National Driver Improvement Course;
• You may be offered a fixed penalty;
• You may be summonsed to attend the local Magistrates’ Court.

National Driver Improvement Course

You will only be offered a place on this course if you accept that you are guilty of this offence. Whilst at the discretion of the Police, the course will usually be offered for more minor examples of this offence. If you have previously completed the course within the 3 years prior to the offence in question, you will not be eligible for a place.

The course normally takes one and a half days and costs between £100 and £120. You must successfully complete the course otherwise you can still be summonsed to court.

Fixed penalty

In some cases, you will be offered a fixed penalty. For example, three points in addition to a £100 fine. If you are offered this and you accept that you are guilty of the offence, then it is usually advisable to accept the offer, as a sentence in the Magistrates’ Court is likely to be less lenient. However, if you are not sure whether you have committed an offence, it is important to seek legal advice.

Magistrates court proceedings

If you either reject a fixed penalty or offer of a course, or the matter is more serious, you can expect to receive a summons to Court.

Our specialist team will take your full instructions, review the evidence in the case and provide you with expert advice regarding plea.

What is the maximum sentence?

You can be given a fine of up to £5000 and up to 9 point or a disqualification for the offence of driving without due care and attention.

How can Johnson Astills assist?

If you find yourself facing a careless driving allegation or any other motoring offence it is vital to contact a solicitor as soon as possible to obtain expert legal advice.

Johnson Astills are experts in criminal law and motoring offences, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with driving offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any motoring offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.