An offence of driving without due care and attention or careless driving is committed when a person’s driving falls below the standard expected of a competent and careful driver.

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Below are some examples of careless of inconsiderate driving:

  • Undertaking
  • Driving too close to another vehicle
  • Driving through a red traffic light
  • Turning into the path of another vehicle
  • Being avoidably distracted by the radio, lighting a cigarette or eating
  • Flashing lights forcing other drivers to give way
  • Misusing lanes
  • Unnecessarily staying in the overtaking lane
  • Unnecessarily slow driving or braking
  • Dazzling other drivers with un-dipped headlights

Drivers are often charged with an offence of this nature following a road traffic accident, where there is no evidence of mechanical defect, driver illness or other explanation for the cause of the accident.

The prosecution can allege that in the absence of an explanation, for an accident to occur, someone must have not been paying proper attention or driving carelessly. This again can cover a range of situations including clipping a stationary vehicle when leaving or entering a parking space or for example knocking a bollard.

If you are involved in an accident you have a duty to stop and also report the accident if there has been any damage or personal injury caused, if you do not you will be at risk of being prosecuted for failure to stop/report an accident.

The penalties for driving without Due Care and Attention range from 3-9 penalty points to a disqualification from driving. In addition, the Court will also order a means tested fine (based on a calculation of income) capped at £5,000 and they may consider ordering a re-test before the driving licence can be re-issued.

If you are under investigation or have already been charged with driving without due care and attention, our experts are on hand to provide clear advice and help you stay on the road. Make a free confidential enquiry by calling our road traffic defence solicitors now on 0161 930 5151 or email

Alternatively please complete the contact form on this page and we will contact you as soon as possible.

If your call is out of normal office hours please call 07843 978201 and we will contact you as soon as possible.

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