In this “Quick Guide” we will take you through the law, the sentencing and the defence for the offence of Careless Driving in England & Wales.
The offence of Careless Driving (Driving Without Due Care and Attention) is contained within Section 3 of the Road Traffic Act 1988.
This driving offence is committed if the way a motorist drives falls below the standard of what would be expected of a competent and careful driver.
What are the penalties for Driving Without Due Care and Attention (Careless Driving)?
If a motorist enters a guilty plea to careless driving, or is found guilty of careless driving after trial, the Court can:
- Impose 3 to 9 Penalty Points or
- Impose a Driving Ban
Sentencing Guidelines for Careless Driving
Level of Seriousness
Starting Point
Range
Disqualification / Points
OR
7 – 9 points
When will I require legal representation?
In all circumstances, a motorist charged with Careless Driving benefits from specialist legal advice and representation, because the starting point is to consider the evidence and establish whether there is sufficient evidence to secure a conviction. Such an assessment can only be made by an experienced driving offence solicitor.
If there is scope to challenge the prosecution case, expert legal representation will be required at trial, progressing a careless driving case to trial without legal representation is likely to result in a guilty verdict, because the defence case will not be presented properly in Court without legal representation. Â
If the best option is to enter a guilty plea, a lawyer attending Court with you will put forward mitigation on your behalf, which will enhance the chances of receiving penalty points, rather than a driving ban.
If you already have penalty points on your licence, you are also at risk of receiving a Penalty Points Driving Ban (Totting Up Ban)
Things our solicitors look out for in Careless Driving cases
- The strength of the Prosecution Evidence
- Discrepancies within the Prosecution Evidence
- The conduct of other road users at the time
- Assess whether the standard of driving amounted to Careless Driving
- Assessing the possible sentence
- Assessing whether our clients are at risk of receiving a Totting Up Driving Ban
- Assessing whether an Exceptional Hardship Application needs to be put forward
Do you require a solicitor for Careless Driving?
If you have just read our quick guide to Careless Driving (driving without due care and attention) then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
Related Driving Offence Articles
New Highway Code Changes Prioritising Pedestrians Go Live
New punishments for drivers using mobile devices and a series of new changes to the highway code...
Drink Driving Sentencing Guidelines
In this article we shall delve into the fairly common driving offence of Drink Driving and explain...
