Is careless driving a criminal offence?

Careless driving is a criminal offence under Section 3 of the Road Traffic Act 1988. This means that if you're convicted you could receive a criminal record. You may also be subject to penalty points or a driving disqualification. In 2021, over 30% of all careless driving convictions resulted in a driving ban. 

So, what counts are careless driving? 

When you think of careless driving, you might think of a police chase or a car accident. This is not always the case. Other examples of careless driving (also known as driving without due care and attention) include;

• Tailgating
• Running a red light
• Riding too close to a cyclist
• Failing to give way at a junction

There is no definition of careless driving. However, the police must prove that the standard of your driving fell below what's expected of a careful and competent driver. This is an objective test. The court will not take into account your driving experience or qualifications. This is what the law says about careless driving. 

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.

Can I plead not guilty to careless driving? 

The first thing to do when you're suspected of careless driving is to obtain legal advice. Most law firms, including ours, will give free initial advice over the phone. We have never charged for our initial advice and never will. We believe that every motorists has the right to understand what offence they've been charged with and what options they have.

Always ask yourself - what can the police prove? You might accept that you drove carelessly, you might not. Either way, the police must present evidence to prove the case beyond doubt. Lets of careless driving cases relay on civilian witnesses (e.g. other drivers, the public etc...). This kind of evidence is extremely unreliable and will weaken the prosecution's case against you. Even if you think you're guilty, this does not mean that you should enter a guilty plea and risk a driving disqualification. The police and CPS often rely on motorists pleading guilty early-on. The police must prove that the standard of your driving fell below what was expected of a careful and competent driver. If you feel like your driving was not careless, or you acted rationally in the circumstances, you should not plead guilty. 

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Getting you three penalty points for careless driving

To find out more about a 'basis of plea', please call us to discuss. We can tell you how likely it is the CPS would accept a basis in your case. Before you consider a basis of plea, make sure you don't have a defence. If you have a defence to the allegation you should not be pleading guilty. Please remember that the CPS must prove the case against you. You are innocent until proven guilty 

Notice of intended prosecution for driving without due care

A careless driving charge will usually start with a Notice of Intended Prosecution. This document is sent out by the police when they have been made aware of an incident involving your vehicle. Under Section 172 (2) of the Road Traffic Act 1988, the registered keeper of a vehicle can be required to give details of the driver of a vehicle at the time of the alleged offence. It is important to note that filling our this notice with your details is not an admission of guilt. You are simply fulfilling your duty as the registered keeper of the vehicle. Failing to respond is a separate offence for which you could receive 6 points and a fine. To learn more about 'failing to ID the driver' - click here.

Have the police witnessed you driving carelessly? 

The police may have seen your vehicle being driven carelessly. If the police do not pull the driver over, a Notice of Intended Prosecution will still have to be issued to the registered keeper within 14 days of the alleged offence occurring. If the police pulled you over, it is likely they carried out an identification check at the roadside and issued a verbal NIP. Body Camera Footage should show the roadside procedures. This is always important evidence to obtain. 

In 2013, the police were given the power to issue a Fixed Penalty Notice at the roadside for careless driving. This was implemented to reduce the amount of time the courts were spending hearing low-level, less serious careless driving cases.

One common misconception is that the 14 day rule applies in all circumstances. This is not correct. There are two exceptions to the 14 day rule. Firstly, where the police cannot locate your details on their system. They may need to contact the MIB to get the latest address. Secondly, where you were involved in a car accident. What ever the case, it is important to cross-reference your paperwork with the relevant statutory provisions.

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Careless Driving Retraining Course 

We often successfully persuade the Police and CPS to offer our clients a retraining course, as an alternative to a formal prosecution. The benefit of a training course is that you will not receive penalty points (or an endorsement) for the driving offence. Most training courses costs less than £200 and are held remotely by computer. 

The best time to request an awareness course is at the beginning of your case. This is because the police cannot offer you a retaining course once they've issued a Conditional Offer of Fixed Penalty. 

Will careless driving show up on a DBS check?

You might be worried about the impact of a careless driving conviction, particularly in relation to criminal records. A careless driving conviction does not always mean a criminal record, even if the court found you guilty of the offence. Careless driving is classed as a motoring conviction and will therefore be recorded on your driving licence record. You will be required to disclose a conviction like this to your insurance provider which in turn could cause them to increase premiums. 

We are sometimes asked about the impact on employment. Some employment contracts or regulators require you to disclose driving convictions to them. This could, of course, risk your employment (particularly if you need a clean licence to work). Jobs which might require you to disclose a careless driving conviction include;

1. Doctor
2. Nurses
3. Jobs with security clearance 
4. Jobs which require DBS checks
5. Pilots 
6. Legal profession 

When is a careless driving conviction spent?

A careless driving conviction would remain on your driving licence record for 4 years from the date of the offence. Some employers might ask you to declare any unspent motoring convictions. Most insurance companies will ask you to declare any unspent motoring convictions. 

A 'spent' conviction is a conviction which no longer needs to be disclosed under the Rehabilitation of Offenders Act.

I've received a letter for careless driving - what shall I do?

It is important to contact a solicitor as soon as you become aware of an allegation of careless driving. There is a lot that can happen before a case get to court. We may be able to make representations on your behalf to the police to take no further action. We may also ask the police to offer a driver awareness court if they have not already done so. 

You can view our careless driving web page by clicking here.