Loren Hills
Associate Chartered Legal Executive
Careless Driving Solicitors (Driving Without Due Care & Attention)
Careless driving, legally known as driving without due care and attention, is a criminal offence that covers a wide range of driving behaviour.
The consequences can be serious, affecting your driving record, insurance, employment, and even leading to disqualification in more severe cases.
Our specialist road traffic lawyers have more than 25 years’ experience successfully representing clients charged with careless driving, helping them secure the best possible outcome whether they choose to plead guilty or not guilty.
What is careless driving?
Careless driving or driving without due care and attention occurs when your driving falls below the standard expected of a competent and careful driver.
Examples include:
- Momentary lapse of concentration
- Driving too close to another vehicle
- Driving through a red light
- Misusing lanes or ignoring road signs
- Undertaking
- Being distracted by other avoidable tasks while driving
- Driving while extremely tired or against medical advice.
Penalties for careless driving
The penalty for careless driving depends on the seriousness of the incident and the level of harm caused. In less serious cases, the police may issue a Fixed Penalty Notice. More serious allegations can result in you being charged and summoned to court.
If your case goes to court, the sentencing guidelines require the Court to begin by assessing two key factors:
Culpability (your level of fault):
Less serious cases typically involve a brief lapse of concentration. More serious examples may include unsafe manoeuvres, driving at a speed inappropriate for the road or weather conditions, driving when visibility or vehicle controls are obstructed, or driving when significantly deprived of sleep.
Harm caused:
Offences that result in injury to others or significant damage to vehicles or property are treated as the most serious.
After considering culpability and harm, the Court will place the offence into one of the following sentencing categories:
- Category A: 3-4 penalty points
- Category B: 5-6 penalty points or a disqualification of up to 56 days
- Category C: Disqualification or 7-9 penalty points
In all categories, the Court may also impose a fine.
Persistent offenders, or those who reach 12 penalty points within three years, may face a six-month disqualification under the totting up rules. New drivers who accumulate six points within two years of passing their test may have their licence revoked and must retake both parts of the driving test.
How we defend careless driving allegations
Our defence strategy always begins with a thorough review of the prosecution’s case. You should not be convicted unless your driving clearly fell below the standard required of a competent and careful driver.
Where appropriate, we instruct forensic collision investigators to analyse road layout, vehicle movement, and impact patterns to challenge the prosecution’s interpretation of events. We also work with specialist barristers who regularly defend motoring cases.
Speak to our experts
We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.
We’re here to help
Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0370 1500 100
How we help
Whether you plead guilty or not guilty
If you plead guilty
We will:
- Identify all possible mitigating factors
- Present your personal circumstances to the court
- Work to secure the most lenient sentence available
If you plead not guilty
We will:
- Examine and challenge the prosecution evidence
- Gather supportive defence evidence
- Instruct expert witnesses where appropriate
- Prepare your case for trial and secure representation by an experienced barrister
Frequently Asked Questions
Our commitment to you
Our experts always start by listening, so we understand what matters most from day one.- 01Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
- 02Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
- 03Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.
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