What Is Careless Driving?

Exactly what is Careless Driving? Careless driving is a driving offence provided for by Section 3 of the Road Traffic Act 1988, otherwise known as “driving without due care and attention”. A person commits an offence of careless driving if their standard of driving falls below what would be expected of a “competent and careful” driver.

Careless driving is not a “recordable” offence, and therefore will not result in a criminal conviction. Minor careless driving offences can be dealt with by way of a Fixed Penalty or diver improvement course. However, the more serious offences will warrant court proceedings and a penalty on your licence of 3 to 9 penalty points or a disqualification from driving.

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

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Expert Legal Guidance For Careless Driving Offences

At Caddick Davies Solicitors, we understand the impact that any motoring offence charge can have. The below article will hopefully advise you as to the consequences that you face for going through a red light and routes to take if you are charged with such an offence. However, if you are still unsure, and feel that you need a solicitor, you can contact the office on 0151 944 4967 for a free consultation.

We can help you understand the process and explore all available defences and mitigating circumstances, that could avoid or reduce the severity of the punishment you face. If we believe that we can add value to your case, we will advise you as such. However, we will be honest with you if we can add no real value to your case or if legal representation is not needed. We will also give you an indication as to the prospects of success as to any approach that we recommend.

Definition of Careless Driving

Driving without due care and attention is defined as when a driver’s standard of driving falls below what would be expected of a “competent and careful” driver.

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

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What Is A “Competent And Careful” Driver?

A competent and careful driver is not defined in law. However, the Court will take the below into consideration when considering this definition:

1. Any circumstances that the offender could be expected to be aware of.
2. Any circumstances that the offender was aware of.

Therefore, if a person is unaware of something at the time of driving carelessly, but it is the view of the court that they should have been aware, then the lack of knowledge of such circumstances would not provide a defence.

For example, if a person changes lanes when being unaware of a vehicle in the lane that they are moving into, the lack of knowledge that the vehicle was there will not, on its own, amount to a defence. If a person should have been aware that the vehicle was there, had proper mirror and blind spot checks been conducted, then such a person is guilty of the offence.

Examples of Careless Driving

Careless driving can encompass any driving to a poor standard. However, the below are some common examples of when a charge may be issued:

1. Driving too close to another vehicle.
2. Swerving in the road.
3. Undertaking
4. Failing to use indicators when required.
5. Driving too slowly.
6. Driving into the path of another vehicle.
7. Unnecessary braking or acceleration.
8. Remaining in a lane unnecessarily.
9. Driving with undipped headlights.
10.  Driving below the speed limit but a speed unsuitable for the prevailing road or weather conditions.
11.  Carrying out other tasks whilst driving.
12.  Splashing a pedestrian by driving through a puddle.

Careless driving can effectively include anything that would not be expected of a responsible driver. Careless driving can sometimes include a standard of driving that is already provided for by other legislation such as speeding or using a mobile phone whilst driving.

What Is The Burden Of Proof?

The burden of proving that an offence of careless driving has been committed is on the Prosecution in any case.

The Prosecution must prove “beyond reasonable doubt” that a person’s driving standard has fallen below that of a competent and careful driver.

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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.

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Is Intention Required to be Found Guilty of this Offence?

As you might expect with its name, intention is not required for an offence of careless driving. A person does not need to have intended to commit the offence. Recklessness, inattention or ignorance alone will suffice. An individual therefore does not need to be deliberate in their actions. An error in judgement, even only minor, will amount to careless driving.

Lack of experience or age of a driver will not provide a person with a defence. Whilst this may amount to mitigating circumstances, a person that has passed their driving test is held to the same standard of driving as everyone else.

Is Careless Driving Subjective or Objective?

Careless driving is held to an objective standard, not a subjective standard. This means that one driver’s opinion that they have not driven carelessly will not matter. The driver will be subject to what is expected of a driver by the majority of the population. The court may therefore often look to the highway code or what is taught to or expected of drivers.

The problem with this assessment being that many drivers’ have a difference in opinion as to what is a good standard of driving. The most common example of this is undertaking or middle lane hogging. Some drivers may deem this as appropriate. However, the highway code provides that a driver should only overtake on the right-hand side and should return to the left lane once an overtake is completed. Therefore, failing to do so, is classed as careless driving.

Does An Accident Need To Occur For An Offence Of Careless Driving To Be Committed?

An accident does not need to have taken place in order for someone to have committed an offence of careless driving. There need not be consequences for this offence to have taken place. The standard of driving alone will suffice.

What Is The Penalty for Careless Driving?

The penalty for careless driving is as follows:

1. A fine (Between 25% and 175% of weekly income – Unlimited) and;
2. An order to pay prosecution costs and;
3. An order to pay a victim surcharge (40% of the fine) and;
4. Between 3-9 penalty points OR a disqualification from driving.

The court will consider the below factors as aggravating features of the case:

1. Excessive speed or aggressive driving.
2. Carrying out other tasks whilst driving.
3. Driving a heavy goods vehicle.
4. Using vehicle for commercial purposes.
5. Using vehicle for carriage of passengers.
6. Driving whilst tired or unwell.
7. Driving contrary to medical advice.
8. Previous convictions.
9. Damage to another person’s vehicle or property.
10. Injury causes to another person.
11. High level of traffic or pedestrians in the vicinity.

The court will consider the below factors as mitigating features of a case:

1. Remorse
2. Good character.
3. Good driving record.
4. Momentary lapse of concentration.
5. Error in judgement.
6. Another driver’s standard contributing to standard.

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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.

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Can I Take A Course?

A course can be offered for an offence of careless driving. This is often called a driver improvement course.  A driver improvement course may be offered for an offence of careless driving if:

1. You have a full UK driving licence.
2. You have not taken the course within the past 3 years.
3. You accept commission of the offence and are willing to pay the course fee for attendance.
4. The offence is minor, and has not resulted in an accident, damage or injury.
5. The course can be taken up and completed within 4 months from the date of the offence.

A driver improvement course can be done in person or online and is usually for half a day. In order to book onto the course, you must pay the course fee, which is approximately £100. If you successfully complete the course, then you will receive no penalty points or financial penalty for the offence.

The course is designed to help educate drivers with the positive outcome of improving their skills as a driver and road safety in general.

Can I Get A Fixed Penalty?

You can get a Fixed Penalty for careless driving. A Fixed Penalty for 3 penalty points and a £100 fine will generally be offered for such an offence if:

1. The offence is minor, and has not resulted in an accident, damage or injury.
2. You do not have 9 or more penalty points on your driving licence (if you have 9 or more points, you will not be able to accept such an offer, as you will fall liable to a 6-month disqualification for accumulating 12 points within a 3-year period and therefore the offence will need to go to court).

A Fixed Penalty is an out of court settlement and will avoid the charge being taken to court. Generally, it is seen as a more attractive solution to court proceedings, as it is the minimum penalty that can be offered for the offence and the penalty at court would be much higher.

Is Careless Driving A Criminal Conviction?

Careless driving is a “non-recordable” offence meaning that it is not recorded on your criminal record. Provided that you have not caused “serious injury” or death as a result of careless driving, then it will not leave you with a criminal conviction.

Can I Go To Prison For Careless Driving?

You cannot go to prison for careless driving, unless the charge is aggravated by a “serious injury” or death.

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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.

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Will Another Person’s Driving Be Considered?

Another person’s driving will be considered; however, it does not excuse a persons actions if it is accepted that their standard has also fallen below what is expected of a competent and careful driver. Two people can be careless at the same time. Therefore, if an accident has occurred, and both drivers are deemed to be at fault, then both drivers are careless. Even if your actions are held to be less at fault than another driver, you can still be charged and guilty of careless driving.

How Can I Defence Careless Driving?

A person can defend careless driving by simply establishing that their driving has not fallen below that of a competent and careful driving.

You will need to establish that you have driven exactly how any other driver would and should have driven in those circumstances.

This can be established by witness evidence in court. However, it can often require the input of experts to assess things such as road layout, angles, obstructions etc.

What Is The Difference Between Careless Driving And Inconsiderate Driving?

Inconsiderate driving is a separate offence, also provided for under Section 3 of the Road Traffic Act 1988. Whilst it is governed by the same section of legislation that provides for careless driving, it is a separate offence entirely.

Inconsiderate driving is where a person drives without reasonable consideration for other road users. This offence is only committed where another person is inconvenienced by the offenders driving.

Therefore, the most obvious defence for an offence of inconsiderate driving is that another road user has not been inconvenienced by the offenders driving.

Inconsiderate driving carries the same penalty as careless driving. Like with careless driving, these offences can proceed to court, depending upon the seriousness of the offences. However, they can also be dealt with out of court by way of a Fixed Penalty or driver improvement course.

What Is The Difference Between Careless And Dangerous Driving?

The difference between dangerous and careless driving is the addition of one word. An offence of dangerous driving is committed if the standard of a persons driving falls far below what would be expected of a competent and careful driver.

Examples of dangerous driving include, but are not limited to:

1. Driving grossly in excess of the speed limit.
2. Racing another vehicle.
3. Driving aggressively.
4. Repeated disregard for the rules of the road.
5. Driving a vehicle that is unsafe.

Dangerous driving can often include an accumulation of multiple offences or a poor standard of driving for a sustained period of time. An offence of careless driving can turn into dangerous driving if an offender continues to drive at a poor standard.

Dangerous driving is much more serious than careless driving. Dangerous driving is a “recordable” offence and results in a criminal record. The penalty for dangerous driving is also much more serious, as follows:

1. A mandatory disqualification from driving for a minimum period of 1 year.
2. A compulsory extended re-test with the DVLA at the end of the disqualification.
3. A community order or a prison sentence of up to 2 years.

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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.

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Get In Touch For Legal Advice Regarding Careless Driving Offences  

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases, defending charges, and presenting mitigation in court in order to avoid or reduce a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in avoiding convictions, penalty points and driving disqualifications.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have a defence or mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0151 944 4967.

• About
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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.

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