Careless Driving Solicitors | Legal Advice

Careless Driving Solicitors

What counts as careless driving?

Often the police will form an opinion very quickly as to whether the standard of driving amounted to careless without giving full consideration to the facts. This means that you may have been charged with an offence that you have not actually committed.

Many of the careless driving cases that we defend are won 'outside' of court (i.e. without having to attend a court hearing). The police often rely on people pleading guilty without checking the evidence. The information below explains some of the legal issues involved with each offence. However, please do not hesitate to telephone our specialist solicitors who will be pleased to discuss your case in detail without any upfront cost. 

Careless Driving 

To amount to careless driving, the standard of your driving must fall 'below' that of the average driver. However, this is where the law becomes confusing. The court must have regard not only to the circumstances of which the average driver could be expected to be aware, but also to any circumstances shown to have been within the knowledge of the accused. It is therefore important to consider the particular facts of each case subjectively – whether you acted as a competent and careful driver based on the circumstances known to you.

Sentence for careless driving

Driving without due care and attention, contrary to s.3 of the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991), also known as careless driving, is dealt with at the Magistrates’ Court and, if convicted, will result in 3-9 points being added to your licence, as well as a fine up to £2,500. The court can also impose an immediate disqualification, even if you have a clean licence.

Of course, if you ‘tot-up’ to 12 points within a 3 year period then you face a minimum 6 month disqualification unless we can convince the court not to ban you. It is vital therefore that a specialist solicitor thoroughly checks the accuracy of the evidence against you.

Careless Driving Defences

The prosecution need to prove that you were at fault in that you departed from the standard of a competent and careful driver in all the circumstances of the particular case. S.3 also includes an offence of inconsiderate driving. It is possible, therefore, that a person’s driving may amount to inconsiderate driving but not careless driving. This would result in a lower number of points, normally 3.

It is important to discuss the facts of your own case with a specialist solicitor. Marcus Johnstone will be able to explain all the options to you and to discuss the very best way to defend your case. Marcus never charges a fee when discussing any new matter.

If you were not stopped by the police at the time of the incident, it is likely that you have received a Notice of Intended Prosecution combined with a s.172 notice requiring you to identify the driver. Please refer to our Failing to Identify the Driver page for more information.

It is worth remembering that it is usually only after the police have identified the driver will a summons be issued in respect of the alleged careless driving offence. If you are unable to complete the s.172 notice (requiring you to furnish driver details) then it is unlikely that the CPS will achieve a conviction for careless driving. Of course you may instead be charged with failing to identify the driver (6 points) but there are defences available to this charge. We will be pleased to advise you in relation to the s.172 notice.

What our clients say

MAJ Law offer free initial advice. We are able to discuss your case in detail and recommend a strategy moving forward. We can also tell you if any of the above defences apply in your case.