Driving Without Due Care And Attention – Everything You Need To Know

If you find yourself in the position where you have received a notice of conviction or have been issued a penalty for driving without due care and attention, then you may be able to get this overturned with the help of a lawyer.  A solicitor specialising in motoring conviction defence cases will be able to assess your situation, offfer advice, and put your defence together. 

Been Charged Or Received A Fixed Penalty For Careless Driving?

There are over 75 different penalty endorsements in the UK and one of the most commonly issued is ‘Driving without due care and attention’, also referred to as ‘careless driving’. Although a frequent offence, it doesn’t make it any less daunting if you have received a court notice (Postal Requisition or Single Justice Procedure Notice) through the post or have been pulled over and charged by the police.

Whether you think you’re guilty or not, if you find yourself with a fixed penalty or summonsed to appear before the court for driving without due care and attention, you may have questions about what this means, what actions you can take, and how this may impact your life.

This article aims to tackle these questions head on and show you where you can go to get the help and advice that you need.

Motor Defence Lawyers Can Help

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers that provide advice and representation for individuals facing motoring offences across the UK.

In order to give you the best possible chance of overturning the charge or fine against you, in the case of careless driving, our team will;

1. establish the facts to build a strong case against the charges or penalty issued
2. provide a defence counsel that you can rely on in court

From the simplest, to the most complex of cases, we can help. We start every enquiry with an informal discussion and are here to answer any questions that you may have in confidence.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Read on for lots more information about the driving without due care and attention charge including; what the charge actually means, when it can be used, what the penalties are, and how motor conviction lawyers can prepare a case to overturn the fines issued or charges made against you.

What Does Driving Without Due Care And Attention Actually Mean?

If you fall below the standard expected of a competent driver, or do not show reasonable consideration for other people and their safety on roads and pathways, then you are driving carelessly.

We’ve all had momentary lapses in concentration when driving but when does this turn into the offence of driving without due care and attention in the eyes of the law?

• The Road Traffic Act 1988 states that it is an offence to be guilty of ‘driving a mechanically propelled vehicle on a road or other public place without due care and attention’.
• The legal definition of driving without due care and attention is that you were “allowing your standard of driving to fall below that of a prudent motorist”

In the absence of any definition of what a prudent motorist might be, whether or not your driving is considered to have fallen below this standard is objective and comes down to the judgement of the courts or the police.

In everyday terms, driving without due care and attention simply means that you are driving whilst not particularly focused on the task at hand which has led you to become careless and drive in a way that may bring harm to you, your car or other people and their property.

When Can This Offence Be Issued?

The offence of driving without due care and attention, more commonly referred to as driving carelessly, is awarded for a wide variety of actions when driving. We frequently see this issued when drivers have been;

• Eating when driving
• Tailgating the driver in front
• Driving through a red light
• Undertaking
• Emerging from a side road into the path of another vehicle.
• Hogging the middle lane
• Being distracted by passengers
• Looking at a sat nav rather than the road
• Involved in an accidents that they caused due to a lapse of concentration

You will know if you have been issued with driving without due care and attention as the penalty notice or court summons you receive will include the endorsement code CD10. You should note that driving without due care and attention does not cover drink driving, speeding, drug driving, or driving using a mobile phone as these are all separate offences with their own code.

If you find yourself with a fixed penalty or summonsed to appear before the Magistrates’ Court for this offence, please contact our team at Caddick Davies for advice and a no obligation consultation on how we can help you.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Can A Lawyer Overturn The Charge?

An experienced motoring defence solicitor is often your best chance of avoiding points on your licence, fines, or even driving bans, when facing charges of careless driving.

The specialist team of lawyers at Caddick Davies will assess each driving offence presented to us individually and without judgement, in order to provide our honest opinion as to whether the charge can successfully be overturned.

We can make no guarantees right here as to whether your charge can be overturned as every case is unique. We would need to know and review the specifics of your case, but with over 90% of our defence cases being successful, we’re confident that we can help you.

How Can A Solicitor Help With Careless Driving Charge?

If our team thinks that you have a good chance of having the offence against you overturned then we will work with you every step of the way to ensure that you are treated fairly by the courts, you are cleared of any wrongdoings and any action that is taken against you is minimised as much as possible.

In Court, the prosecution will have to prove that your driving fell below the expected standard of a competent driver beyond all reasonable doubt. It is therefore our primary objective to defend the claims made against you and/or minimise any fine and penalty points imposed.

We do this by using our expertise and experience to identify any factual or technical defence which may be available. This enables us to thoroughly prepare your case and present a strong defence before the court. If the court accepts your defence then you will be acquitted and no punishment will be imposed.

We will:

• Review all the evidence of your case to establish the facts and clear you of wrongdoing
• Building a strong defence by gathering evidence and presenting your case
• Represent you in Court
• Provide legal advice throughout your case
• Seek to recover the cost of your legal representation by way of a defendant cost order

What Is The Penalty?

Motoring convictions come with consequences. Sometimes drivers may be offered a driver improvement course, but points on your licence and a fine is the most common outcome. In very serious cases however, drivers can end up in court and lose their licence.

Driver improvement courses 

In some cases the police may immediately offer you the opportunity to attend a nationally approved driver improvement course as an alternative to prosecution. If you complete the course, no formal action will be taken against you and you will not receive any points on your licence.

Whilst this is often an easy resolution to a case without any formal penalty, you do not have to accept this offer and can request a court hearing to challenge any allegation made against you.

If you receive an offer of a driver improvement course and you don’t know whether or not to accept it, please contact us for advice.

Fixed penalties 

A Fixed Penalty Notice for Careless Driving results in a penalty of £100 and 3 penalty points on your licence.

Prosecution

If you were formally charged by the police at the scene of the offence or have been sent a notice of intended prosecution and you were the driver, you may find yourself prosecuted before the Magistrates’ Court. This will be done by way of a Court Summons, Postal Requisition or Single Justice Procedure Notice.

You should instruct the services of a motoring defence lawyer if you have been sent a notice of intended prosecution, court summons, postal requisition or single justice procedure notice. Doing this as early as possible may help you to get the charges made against you overturned and will help to minimise the level of fine faced.

New drivers 

New drivers should pay particular attention when on the roads because if you are charged with driving without due care and attention and have only passed your test in the last two years, then it could result in your driving licence being revoked. If you are given 6 points on your licence for this offence then it will result in you needing to reapply for a provisional licence and retake your theory and practical exams.

If you find yourself with a Fixed Penalty or Summonsed to appear before the Magistrates’ Court for Careless Driving, please contact us for advice and a no obligation consultation on how we can help you.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Related Questions

Do I Have To Tell My Car Insurance Provider About My Points?

If you are given points on your licence from a court judgement or fixed penalty fine then yes, you are required to tell your car insurance provider.

If you fail to declare the points that you have on your licence and you should need to call upon your insurance provider in the event of a claim, then your claim may be denied and the insurance company is unlikely to pay out. They could also withdraw your cover if you haven’t given them all the information about your driving record.

Although declaring the points you have is likely to increase the amount you pay for your insurance cover, it’s much better to be fully insured in the event of an accident than be left to pick up an expensive bill due to hiding convictions which can easily be discovered in the provider’s due diligence.

You should be aware that points from driving without due care and attention will stay on your record for four years from the offence.

Do I Have To Accept A Fixed Penalty?

When it comes to the offence of careless driving, you don’t have to accept the penalty issued to you.

A Fixed Penalty Notice should only be accepted if you accept that you have committed the offence or do not wish to challenge the offence.

If you do not accept the Fixed Penalty Notice then this may be challenged by completing the reverse of the notice and requesting a court hearing. Please note that once a fixed penalty notice is paid and licence details provided, you cannot reject the notice.

If you have been offered a Fixed Penalty Notice and do not know whether to accept it, please contact one of our dangerous driving solicitors for advice and a no-obligation consultation on how we can help you.

If you decide to challenge a fixed penalty notice in court, you should be aware that if the judge doesn’t rule in your favour, the legal costs can be much higher than the initial fine. Unfavourable court judgement can result in up to 9 points on your licence, a maximum fine of £5,000, community service, and even a custodial sentence depending on the seriousness of your case.

In all instances, it’s best to seek legal advice as early as possible so that you can explore the best options for you.

Summary

If you have been issued a fixed penalty notice, issued a court summons, are facing points on your licence, or have been charged with driving without due care and attention, then this article has given you an overview of everything you need to know about what you should do next.

In short, anyone that finds themselves in any of the positions outlined above will benefit from an informal discussion with a Motoring defence lawyer who can explain the options available to you.

• The offence of careless driving, also known as driving without due care and attention, is committed if the standard of your driving falls below what would be expected of a “competent and careful driver“.
• An experienced motoring defence lawyer can provide advice and help you to prepare a strong defence case against a conviction , fine or disqualification, should your case go to court.
• If the court accept your defence you will be acquitted and no punishment will be imposed
• If no defence exists, persuasive mitigation can be presented to the court on your behalf which will seek to minimise any fine and penalty points imposed.
• If you find yourself with a fixed penalty or summonsed to appear before the court for careless driving, please contact Caddick Davies for advice and a no-obligation consultation with one of our dangerous driving solicitors to explore how we can help you.

Our leading team of motoring offence solicitors at Caddick Davies have a reputation for success when it comes to defending motorists charged with driving offences. We work with clients all over the UK and are rated in the top 20 law firms on TrustPilot. 

For efficient and effective legal advice for motoring offences, please get in touch to discuss your case with our friendly team today. 

• About
• Latest Posts

Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

Latest posts by Neil Davies (see all)

• Special Reasons: How a Solicitor Can Help Reduce Your Motoring Offence Sentence - March 28, 2024
• What Are The Defences to a Drink Driving Charge - February 11, 2024
• Solicitor Advice: Failing to Provide Driver Information - February 5, 2024