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Driving Without Due Care and Attention

Author: Tracy Wilkinson - Updated: 15 July 2015 | commentsComment
 
Careless Driving Reckless Driving

Forming part of the Road Traffic Act 1988 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’.

According to the Act, Careless Driving Includes:

  • Driving a vehicle on a road without due care and attention,
  • Driving a vehicle on a public road without consideration for other road users.

Driving with due care and attention involves all drivers, whatever their standard of driving or status and expects them to show a reasonable standard of care and attention to the road they are using and to other drivers using that road.

The law is laid down in this way to include all cases of bad driving including those that fall slightly short of reckless driving. A charge of careless driving can be made in many situations, including when there is a lack of attention, judgment or concentration, or due to a mistake being made.

If you are stopped for bad driving, or have been involved in an accident as a result of your road conduct, you may be charged with one of two offences:

  • Careless Driving:This is when you drive in a way that the police do not believe is representative of a reasonable and careful driver.
  • Dangerous DrivingThis is when you drive in a way that is hazardous to people or property. Dangerous Driving Offences will not be discussed further in this article, but are listed below:
  • Dangerous Driving
  • Manslaughter while driving a vehicle
  • Causing death by dangerous driving

It is advisable that you contact a solicitor immediately if you are charged with one of the dangerous driving offences above.

What Kind of Things Can I be Charged for Under Careless Driving?

As you can imagine, the list of offences can vary dramatically – someone missing a traffic light turning green because they are singing along to their favourite tune a little too excitedly can end up under the same charge as someone who loses control of their vehicle because they are busy trying to change a CD, or light a cigarette, and hits a traffic post.

So it’s clear that this offence has a large area of definition. Given that it’s virtually impossible to measure ‘due care’, how does a court decide if your actions amounted to careless driving? Whether or not someone has driven carelessly requires someone else to make a judgment and will depend entirely on the particular circumstances of the case.

It has been known for courts to pursue and win cases, where they have claimed that a motorist has driven without due care and attention if their driving has not followed the standard that the court believe would have been exercised by a competent and reasonable driver.

What Happens if I am Charged?

If you are charged with careless driving and you are to be prosecuted, your case will be heard in the Magistrates Court. You should be notified of this within 14 days of the alleged offence.

What Will Happen to me? Will I Lose my License?

The penalty for careless driving can be a fine, between 3 and 9 Penalty Points on your license and disqualification if the court deems it appropriate.

You Mentioned Other Offences Earlier. What are they?

The list of offences under the Road Traffic Act for Careless Driving includes:
  • Driving without due care and attention – 3-9 penalty points
  • Driving without reasonable consideration for other road users – 3-9 points
  • There are other careless driving offences involving drink and drugs, all of which carry 3-11 penalty points and possible disqualification should the court think it appropriate. In these situations the offence will also stay visible on the offender’s license for a minimum of 11 years.

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[Add a Comment]
Hi - I received a NIP after slowly squeezing between two vehicles at less than 1 mph - then reversed out because I thought it was too tight and a bit risky - didn't hit anything - someone must have reported me - I thought I was being careful - what might happen ?
neil - 15-Jul-15 @ 7:02 PM
Hi guys, any help at all would be appreciated. I am a new driver, 4-5 months and the weather has been relatively dry in the UK recently, until today. The roads were wet and slippy. I went through an amber light at around 26mph and turned but the road was that wet that I lost control of the car and span round in the middle of the junction 3 times (thankfully not hitting anything or anyone. No damage done at all). I was shook up for a few seconds but then turned my car around and carried on, when I looked in my rear view mirror I saw a police car. I'm not sure how much of the incident the police car saw but it did not stop me or pull me over. Should I be worried that they have taken pictures? or am I in the clear if they didn't stop me? Thanks Soph
Soph - 6-Jul-15 @ 11:48 PM
Hi, last night i was pulled over at the side of the road but on my phone, rolling no more then 5mph. However a police women on her own drove past and felt i was pulling out so bepped her own and pulled over. I have been banned recently, where i have been back on the road from 14th Dec 2014. This ban was part of the totting up speeding system. So i had 12 points but they are no longer in play. She has said she is going to put through a NIP for driving whilst being on a mobile and for driving with out dure care and attention. Although i was at the side of the road and literally rolling. She did say "it may not get to court" non the less, im worried. Because i have been banned recently - will i be treated more severly or are there any other implications because of the recent ban? In the sense of an automatic ban or anything like that? Any advice or help will be appreciated.
Steve R - 3-Jul-15 @ 11:33 AM
@Shewolf. They have up to 6 months to bring it to court.
NoPenaltyPoints - 1-Jul-15 @ 10:35 AM
A friend was driving and past an ambulance. Then he got a phone call saying the police were looking for him,as the co driver of the ambulance had took his reg. The lad went to police station said that he had been told police were looking for him, Police spoke to him and told him he was driving reckless. My friend denied this. Pc asked the duty sergeant how to bail him my friend. Duty sergeant informed Pc that he could not bail him or bail him with any conditions as he had not been cautioned or charged with any offence to let my friend go. My friend has got a court date through the door and states he is on bail with conditions. The police weren't there and there is know video evidence.
Theboy7 - 28-Jun-15 @ 12:16 PM
My husband was stopped by west mercia police on 9/6/2015. He was doing 90mph on a motorway. He signed the caution. He gave his driving licence and address. How long do they have to summons him to court?
Shewolf - 27-Jun-15 @ 8:08 PM
@Kelly. No The NIP effectively took place at the time you were stopped so you are now awaiting a decision so the 14 day rule is not relevant.
NoPenaltyPoints - 25-Jun-15 @ 12:15 PM
Last week I hit a cyclist on the approach to a roundabout. The cyclist didn't fall iff the bike. I just daged the bike. Bent the wheels. Relieved a call from her saying she had hurt her leg, so has informed police. I have now received an intent to proscicute form. Asking for driver details.
Gaz - 23-Jun-15 @ 2:47 PM
Got stopped for due care and attention on 4th may got a slip from the police and was told to wait till i recieve a letter so i could either do the course or take fixed penalty points and fine ...rang up pcn they said they back logged for 4 weeks can i avoid it and say they took over 28 days to send me anything????
kelly - 21-Jun-15 @ 3:05 PM
@sa395. Unfortunately if a court summons has already been issued you will have to contest this in court. The decision would then rest with a judge.
NoPenaltyPoints - 10-Jun-15 @ 2:23 PM
I hit a post whilst losing concentration for a second. I am now being prosecuted for driving without due care and attention. Can I plead for a Driver awareness course instead of a fine and points considering I have never had points on my licence or been involved in an accident?
sa395 - 6-Jun-15 @ 11:35 PM
@bertie. No. We assume the police attended the scene at the time of the accident, obviating the need to issue an NIP by post. The time limit to issue a court summons is 6 months.
NoPenaltyPoints - 2-Jun-15 @ 12:23 PM
I was involved in an accident on 17/2/15 and was only informed that I was to be charged with driving without due care and attention on 29/5/15.Is this right because as I've read that you must be informed within 14 days ?
Bertie - 30-May-15 @ 6:51 PM
@Yaz. If a court summons is to be issued it can take longer (up to 6 months)
NoPenaltyPoints - 22-May-15 @ 12:53 PM
Got stopped for careless driving and still not recived anything in post evan though they filled out all paper work its been 4 weeks
yaz - 20-May-15 @ 12:52 AM
@Andy. If you failed to stop the police will probably take action. If you're actually being stopped you should pull onto the hard shoulder (or side of the road at a safe place if not on a motorway) or find a safe place to stop. Simply slowing down is not sufficient. It may have been that the policeman was telling you not to 'hog the middle lane' ??
NoPenaltyPoints - 26-Mar-15 @ 10:56 AM
@help. You will have to wait until you hear. The police can take action for careless driving if they choose.
NoPenaltyPoints - 26-Mar-15 @ 9:51 AM
@nats. You've not given much detail but if the police considered you were driving too fast for the conditions then they can still prosecute you for a driving offence such as careless or dangerous driving.
NoPenaltyPoints - 24-Mar-15 @ 2:15 PM
I had a motorcycle police officer flash his blue lights and point left with his hand.I slowed down and went to the left lane but then the officer pulled off the motorway at the next junction so I wasn't sure whether to pull off or not (he was not directly ahead of me at this point).I saw the motorcycle come straight back on the motorway so I now realise he must have wanted me to pull off.At no point did I try to accelerate away from the officer, I slowed down to about 50mph. I want to know how many points I can get for this and if there is anything I can do to preempt police action given that it was a genuine mistake as I've never been pulled over and didn't realise I had to pull off the motorway rather than stop on the hard shoulder, which is what I was going to do.Also, how long does it take the police to send a notice of the incident normally?
Andy - 23-Mar-15 @ 6:01 PM
I was in an accident in the middle of last week - my car skidded, sending me into a verge which then resulted in the car flipping and landing on its roof blocking the whole road. No one was injured and the only damage done was to my car, the police were called and I was asked to recall what happened. What will happen next? Will I receive a letter from the police? I am worried that I could be done for careless driving.
help - 23-Mar-15 @ 3:15 PM
I was involved in an accident in nov14. On a straight country lane, my back end skidded sending me into the path of an incoming lorry.Thankfully I'm alive and I only injured myself. Causing a large amount of damage to my car and also the lorry cab. & months later I still can't walk.I have just recieved a phonecall from the police, saying my phone is clear and so is my car.vi have an interview for my statement next week, but she mentioned, about going to court and it's due care.What will happen? I've never been in trouble & I really don't understand what this means.She said the interview witll be informal but after reading above I'm very worried.Please advise.
Nats - 21-Mar-15 @ 11:08 AM
@Jhasen. Its's probably best to simply attend the course.
NoPenaltyPoints - 3-Feb-15 @ 11:22 AM
I had accident where I hit car from back , it was not serious and the police attended after I called them. After 55 days I received driver alertness course offer What should I do.
Jhasen - 30-Jan-15 @ 2:15 PM
Hi i mistakenly went into the wrong lane for turning right, but then I realised so i didn't turn. That yellow box was for cars coming so I reversed back into my lane which was a main road and there were no cars coming behind me....is that considered dangerous driving
ma - 4-Dec-14 @ 12:40 PM
@Pablo. It's impossible for us to say as each case is different. This will be down to the courts.
NoPenaltyPoints - 14-Nov-14 @ 2:20 PM
II just need to explain a bit of background if I may.Since September last yearmy neighbours have carried out a sustained campaign against my partner & I because of our sexuality. Their son has just been sentenced for 5 offences against us and the parents are facing charges for 6 offences each. During this period we have been threatened directly by the father and also via a neighbour to whom he said "I am going to get those 2 gays at********* (housename). We have installed CCTV with audio.In May this year I was walking along the main road (basically a country lane) from my property to a section of field we own. The neighbour drove out immediately and ran his Land Rover into me spinning me round and knocking me into the hedge, he did not stop. My partner rang the police &I had to go to hospital for treatment.A couple of days later I was interviewed by the police and was able to show them the CCTV which showed me setting off down the lane and my neighbour setting off immediately afterwards. The CCTV showed no other traffic for 30 mins either side of the time I was hit. They surveyed the lane, took photos of my injuries etc. Two weeks ago I was told by the police that they felt there was enough evidence to bring charges and so he was going to be chargedwith 'failing to stop after an accident' and 'failing to report an accident'. Today however I received a letter from the police saying that, in addition to the two charges he is also being charged for 'driving without due care and attention'.I have done a bit of research but it all seems to relate to involving two vehicles, not a vehicle and a pedestrian. The first Court date is in December and is when he will plead but I wanted to know, if he is found guilty or pleads guilty, what penalty is he likely to get?
Pablo - 13-Nov-14 @ 2:08 PM
i was convicted of careless Driving it has been to county court in Perth, where I defended this my self. This went against me and I was found guilty, it is now at the stage of pleading hard ship, I'm at the point of giving up on this and just taking the ban but my principal will not allow me to pay a fine so what is the prison sentences I could get
Big trucker - 8-Nov-14 @ 1:07 PM
i was involved in an rta in march 2014, i was turning right when a vehicle hit me driving in the lane i was turning across, there was a large lorry blocking my view and the other drivers view, neither of us had seen each other.Because i was going across the lane the police have charged me with driving without due care and attention.I have just received the summons today, this has taken them 7 months to do this!. Can they do this? also is it best just to plead guilty and will i get fined and received points if i plead guilty thanks
coz - 24-Sep-14 @ 7:45 PM
@jim. It depends on individual courts and solicitor's fees, so it's not something we can put a figure on here.
NoPenaltyPoints - 9-Sep-14 @ 1:40 PM
What are the fees involved if I decide to go to court for driving without due care and attention representing myself and loose?
jim - 8-Sep-14 @ 9:57 PM
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