Blackfords LLP

Driving without due care & attention

Driving without due care and attention is also known as careless driving or inconsiderate driving. The Road Traffic Act 1988 defines this as, driving that:

  • Falls below the standard expected of a competent driver, or
  • That does not show reasonable consideration for other people using the road.

A charge of driving without due care and attention can arise from a momentary lack of concentration, simple mistake or lack of judgement. Examples of driving without due care are:

  • Allowing yourself to be distracted by doing something else, e.g. eating, drinking or smoking
  • Trying to look after passengers in the car
  • Carrying an unsafe load
  • Causing an accident where injury is caused
  • Causing damage to another vehicle or property
  • Changing a CD or radio station
  • ‘Tail-gating’ another vehicle
  • Driving through a red traffic light
  • Undertaking
  • Driving into a pedestrian

What is the penalty for driving without due care and attention?

The Magistrates’ Court will impose between 3 and 9 penalty points on your driving licence or it may choose to immediately disqualify you. You will also face a significant fine and have to pay court costs.

What can we do for you?

If you do not accept that you were driving without due care, you will need a lawyer to advance your defence before the Magistrates’ Court. If you accept that you are guilty of driving without due care then using one of our lawyers to advance expert mitigation on your behalf will usually have a positive effect on minimising any period of disqualification, the number of penalty points that might be imposed or the financial penalty that will be ordered. We can also advise on whether an exceptional hardship application could be advanced to persuade the court not to impose a disqualification where it normally would be mandatory for example, where you have reached 12 penalty points on your driving licence.

We can advise and assist you upon all such aspects.

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