Careless Driving Offence Solicitors

We are Motoring Offences Solicitors specialising in defending Careless Driving cases. Get in touch for free, no-obligation initial discussion.

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Careless Driving Offence
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Facing an allegation of Careless Driving?

If you are under investigation for the offence of driving without due care and attention, also known as careless driving, we advise you to get in touch with our team as soon as possible.

Often, drivers facing charges for offences of this nature feel they have no option but to accept the allegations and the potential penalties. However, this is not always the case. At JHR Solicitors, we specialise in all criminal motoring offences, with over a decade of experience defending clients accused of careless driving. We have a deep understanding of motoring law and is well-positioned to help you defend your case.

If the allegations involve more severe circumstances, such as Causing Serious Injury by Careless Driving or Causing Death by Careless Driving, the stakes are even higher, with potential consequences including imprisonment, lengthy disqualifications, and significant fines.

If you are facing charges related to causing serious injury or death, we encourage you to visit the relevant pages below for more detailed information and guidance:

Our expert team is here to support you every step of the way, regardless of the complexity of your case.

The offence of Driving Without Due Care and Attention

The offence of careless driving arises when the standard of someone’s driving falls below that of a competent driver.

This can arise at any moment and can consist merely of a momentary lapse in concentration. There is no requirement for an accident to have occurred for the charge to be brought about.

There are number of defences that could be advanced which we could assist you with, namely the instruction of accident reconstruction experts. Our team will always ensure that no stone is left unturned in giving you the most robust defence possible.

Defences for Careless Driving allegations

The most common defence to the charge is that the driver was not at fault for the accident. Alternatively, there may be technical defences available e.g. whether the notice of intended prosecution was sent to the registered keeper in time.

Who we are and how we can help

We are a firm specialising in all types of motoring offences, including careless and dangerous driving offences. With years of extensive experience, we are the perfect choice to help you with any motoring offence. We have dealt with cases before the High Court as well as all types of complex traffic charges. 

Our firm is based in the Greater Manchester area; however, we represent clients nationwide.

Please give us a call if you are subject to a police investigation for the offence of careless driving and we will be happy to discuss your case in detail and explain how we can help you.

John Ruane Solicitor

John Ruane

Your Expert Careless Driving Offence Solicitor

020 8798 3963

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    What are the penalties for Careless Driving?

    There are cases where the offence is deemed suitable for a fixed penalty of 3 points and £100, however, the more serious cases may still result in a court summons. The potential penalties for this offence include:

    1. Fixed Penalty: issued when police officers witness low-level careless driving that does not result in a collision or injury to others. Fixed penalties for careless driving carry points and a fine. You can choose to accept the penalty or plead not guilty, in which case the matter will be heard in the Magistrates’ Court.
    2. Educational Training: This option is available in circumstances similar to a regular fixed penalty. Here, you can opt to either accept a fixed penalty or attend an educational driving course. If you refuse to attend the course or do not accept the fixed penalty, the case will proceed to court.
    3. Summons: This is issued in cases where the driver’s behaviour is particularly aggressive or nearly dangerous. You can either plead guilty and accept the fine or plead not guilty and have the case heard in the Magistrates’ Court.

    The maximum penalties for careless driving include:

    • 3 to 9 penalty points
    • An unlimited fine
    • Discretionary disqualification

    Prior to sentencing, the Court will consider the level of “culpability” of the driver and the level of harm caused. Factors that indicate higher culpability are:

    • Excessive speed or aggressive driving,
    • Carrying out other tasks while driving,
    • The vehicle used for the carriage of heavy goods or for the carriage of passengers for reward,
    • Tiredness or driving whilst unwell,
    • Driving contrary to medical advice (including written advice from the drug manufacturer not to drive when taking any medicine).

    What if I plead guilty?

    If you decide to plead guilty, the Court will allow you the opportunity to advance mitigation prior to sentence.

    We can assist by offering representation from the leading motoring barristers in the country and will prepare your mitigation argument fully prior to the hearing.

    What if I’m found guilty?

    If you are convicted after trial, you would lose all “credit” for an early guilty plea. Credit will only apply to the fine imposed, the number of points/the possibility of a ban will be unlikely to be impacted by the timeliness of your plea.

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    Frequently Asked Questions

    Examples of careless driving taken from the Crown Prosecution Service website are:

    • overtaking on the inside;
    • driving too close to another vehicle;
    • driving through a red light by mistake;
    • turning into the path of another vehicle;
    • the driver being avoidably distracted by tuning the radio, lighting a cigarette etc.

    The offence is not a “recordable” offence and therefore should not appear on a DBS check. The offence usually only finds its way onto DBS records if the conviction was imposed at the same time as a recordable offence e.g. drink driving or failure to stop after an accident.

    The police will need to prove the standard of your driving fell below that of a careful and competent driver. This can be evidenced by either eyewitnesses or CCTV.

    Yes, the most serious offences can carry a discretionary disqualification.

    This will depend on where the hearing is listed and how bad the Court backlog is. Some trials will conclude within 3-6 months of the charge date, other Courts take over a year for the trial to be fixed.

    If the police do not consider the offence worthy of a course attendance or a fixed-penalty offer, the matter will proceed to Court.

    The prosecution will need to prove the standard of your driving fell below that of a careful and competent driver.

    Yes, offering the course is within the police’s discretion.