driving without due care and attention

Driving without due care and attention - otherwise known as ‘careless driving’ - is largely open to interpretation, making it a difficult case to handle. Those facing accusations of careless driving can be hit with a discretionary disqualification, between three and nine penalty points and a fine, so it is vital you seek advice from an experienced motoring offence solicitor.

At Burton Copeland, our driving offence team prides itself on providing a service tailored to your needs that protects your interests. Our solicitors will investigate the prosecution’s evidence, gather our own findings and present a strong case for defence to give you the best possible chance of having allegations withdrawn or penalties reduced.

If you have been accused of driving carelessly, contact our team today for help. Simply call us on 0161 827 9500 or fill in our form online and let us know a convenient time to get in touch with you.

about careless driving offences

A charge for driving without due care and attention relies on the prosecution proving that you were driving below the standards of most competent motorists or driving without consideration for other road users or pedestrians. However, with no set list of what it means to be a competent driver, you can be accused of driving carelessly for a variety of actions.

Previous convictions have stemmed from:

  • Eating, drinking or smoking while driving
  • Changing a CD or using a navigation system
  • Driving too close to another vehicle
  • Inappropriate overtaking
  • Hitting a pedestrian or another vehicle

If you are found to be driving without due care and attention, you’ll either be sent a Notice of Intended Prosecution (NIP) within 14 days of the offence or a court summons. As careless driving cases can be volatile, it’s important that defence plans are carefully constructed. Ultimately, magistrates will decide whether there is sufficient evidence to convict, but it’s advisable to get legal advice from our motoring offence team to ensure that you escape heavy penalties.

what are the penalties?

A guilty verdict for careless driving can bring numerous penalties, including a discretionary disqualification, a fine of up to £5,000 and between three and nine points on your licence. If you have accumulated over 12 points, this can result in harsher penalties and a longer driving ban, while new drivers may have their licence revoked, meaning driving tests will have to be retaken.

how can I avoid punishment?

Careless driving is a strict liability offence, which means it doesn’t need to be proven that you intended to commit the offence in order to be prosecuted. This makes these type of cases incredibly complex, which is why it’s strongly advised that you seek assistance from a solicitor.

We can help you by proving that your level of driving was not considered to be below that of a competent driver and by pleading any mitigating circumstances, such as a mechanical fault that you were unaware of or an unknown illnesses that inhibited your driving.

In some cases, a driver improvement scheme may be attended in replacement of penalty points on your licence. This is a discretionary condition made by the police, however, we can put together an argument for you to make them more lenient towards this result. Unfortunately, if your case goes to court, this will not be an option.

death by careless driving

If you are responsible for the death of a person while driving carelessly, the end result is often out of the driver’s control. There is a large difference in terms of sentencing in cases that have resulted in a fatality, and the maximum sentence is set at five years. However, if you’re responsible for killing someone while driving carelessly and under the influence of drugs or alcohol, imprisonment can increase to 14 years.

why choose us?

At Burton Copeland, we pride ourselves on delivering a high level of service to all of our clients by providing comprehensive advice and guidance that enables you to understand what’s going on with your case, what your options are and what the future holds for you.

Our main focus is keeping your interests protected and we will do this by ensuring no avenue is unexplored when it comes to building a case for defence. The team led by Gwyn Lewis has years of experience in defending drivers and helping them to stay on the road.

contact us today

If you are facing allegations of driving carelessly, it’s important you get advice from experts in defence law. Contact Burton Copeland now for help with your case by calling 0161 827 9500 or by filling in our enquiry form. We have helped drivers all over the UK from our Manchester-based offices.