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Driving Without Due Care and Attention

Specialist driving offence legal team to advice and represent on Driving Without Due Care and Attention  cases. Top ranked law firm by The Legal 500 and Chambers & Partners.

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Our Motoring solicitors and legal team have achieved excellent results at defending motorists charged with Driving Without Due Care and Attention. These motorists have been investigated or prosecuted for Driving without Due Care and Attention / Careless or Inconsiderate Driving. If you are being investigated because of Driving without Due Care or Attention, call our specialist Motoring Legal Team on 0330 818 9843 or send us a message via our contact form and we will reply to you within working hours.

What is the law regarding Driving Without Due Care and Attention?

The offence of Careless Driving / Driving without Due Care and Attention are contained in Section 3, Road Traffic Act 1988.

The offence is focused on the standard of driving. Driving Without Due Care and Attention is committed if the standard of performance behind the wheel falls below what would be expected of a careful and competent driver.

The offence is only committed if a person drives a mechanically propelled vehicle on a road or other public place. If the offence occurs on private land, the prosecution will be unable to secure a conviction.

Chambers and Partners 2024 Ranked Leading Law Firm

Chambers Top Ranked Law Firm

Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.

Legal 500 Leading Firm

The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”

What Will Happens if You Are Caught Driving Without Due Care and Attention?

If you are caught or suspected of driving without due care and attention, you will either receive a Notice of Intended Prosecution (NIP) detailing the circumstances of the offence or a summons (postal requisition) requiring you to attend court on a specific date at a particular time. It is crucial that you contact us as soon as possible so that our experienced lawyers can advise you on the steps to be taken.

There can be a slim distinction between what is considered an accident as opposed to driving without due care and attention. If the incident in question were an accident, then this would only be dealt with through the insurance companies. Once the police become involved, the incident is being considered as criminal prosecution, and you should seek advice and reprentation by a Motoring Law professional.

Seeking Legal Help for Driving Without Due Care and Attention?

The offence of Driving Without Due Care and Attention could potentially result in an outright disqualification due to the nature of the offence, or a totting up disqualification. A charge of careless driving should be taken seriously, and expert legal advice should be sought as soon as possible.

In preparing a case for careless driving, each aspect of the evidence should be considered by an expert motoring law professional to identify weaknesses in the prosecution case and whether a defence is available. Our legal team has had considerable achievements in representing clients successfully who have been accussed of Driving Without Due Care and Attention.

Sentencing Powers

If a defendant is convicted or pleads guilty to Driving Without Due Care and Attention, the court can impose 3 to 9 penalty points or a disqualification from driving. Alongside the penalty points or disqualification, the court can levy up to an unlimited fine.

Level of Seriousness
Category 1
Category 2
Category 3
Starting Point
Band C fine
Band B fine
Band A fine
Range
Band C fine
Band B fine
Band A fine
Disqualification / Points
Consider disqualification
OR
7 – 9 points
5 – 6 points
3 – 4 points

Aggravating Features of Driving Without Due Care and Attention

If a defendant is found guilty (following trial) or pleads guilty to the offence of Driving Without Due Care and Attention, the court will take into consideration any aggravating factors that may have been present at the time of the offence. Aggravating factors increase the seriousness of the offence and usually result in a more severe sentence being imposed upon the defendant. The following will be seen as aggravating factors of careless driving:

  • Excessive speed
  • Carrying out tasks while driving
  • Carrying passengers or a heavy load
  • Tiredness
  • Causing injury
  • Causing damage to other vehicles or property
  • A high number of pedestrians or other vehicles
  • An offence committed near a school

Even if you are pleading guilty to Driving Without Due Care and Attention, it is still essential that you seek specialised legal advice. If we are instructed to assist with a guilty plea, our experienced careless driving defence team mitigate on behalf of the defendant and attempt to obtain the lowest sentence possible.

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What is the Burden of Proof?

The prosecution bears the responsibility of proving beyond all reasonable doubt that the motorist is at fault. This is accomplished by demonstrating to the Magistrates’ Court that the standard of driving at the relevant time fell below the required level of a careful and competent motorist.

The prosecution will seek to achieve this by presenting evidence from prosecution witnesses, cross-examining the defendant, and relying on video footage/photographs.

It is imperative to recognise that the prosecutor is an experienced and skilled advocate who regularly prosecutes motorists. To have a genuine chance of being acquitted (found not guilty) of careless driving, a defendant must engage an experienced and skilled motoring lawyer to defend the case. This ensures that the prosecution evidence is meticulously scrutinised and that the accounts of prosecution witnesses are challenged through cross-examination, which is facilitated by instructing a motoring lawyer to defend the prosecution.

AGREED FEE DRIVING OFFENCE LAWYERS

 Our Agreed Fees for Motoring Offence cases start from;

£1,800 + VAT

Objective Standard of Care

The test applied by the court to determine whether a defendant is guilty of careless driving is an objective one. The prosecution must establish that the defendant has deviated from the standard expected of a competent and careful motor vehicle operator in all the circumstances of the case.

Venue of Trial

An offence of Driving Without Due Care and Attention is triable only summarily, meaning that a trial would solely take place in the Magistrates’ Court.

Examples of Driving Without Due Care or Attention Offences

There exists no definitive list of what constitutes Driving Without Due Care or Attention, as each case hinges on its own unique facts and circumstances. Nonetheless, there have been cases where the following actions were considered examples of careless driving:

  • Accidentally driving through a red light;
  • Undertaking;
  • Pulling out in front of another vehicle or cyclist;
  • Tailgating;
  • Being distracted by something while driving;

Why Choose Kang & Co Solicitors?

  • Competitive Legal Fees

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  • No Obligation Initial Telephone Assessment

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1 Victoria Square
Birmingham
B1 1BD

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330 High Holborn
London
WC2A 1HL

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