What is Careless Driving?
By definition, careless driving (otherwise known as driving without due care and attention) means driving in a way that wouldn’t be considered acceptable by a reasonable and prudent driver.
This legal definition leaves a certain amount of legal wriggle room as what might be considered reasonable and prudent is open to interpretation.
Careless driving is for this reason an objective driving offence and if you can demonstrate to the court that a reasonable and prudent driver would have driven the same way, you must be found not guilty.
Driving Without Due Care and Attention
Many motoring offences fall under the umbrella of careless driving including; poor decision making, angry or aggressive maneuvers, undertaking, tailgating, eating while driving, applying makeup and even some mobile phone offences.
In many instances when the prosecution can’t prove use of a mobile phone, you can still be prosecuted for holding it under ‘undue care and attention’ laws.
The basic penalty for driving without due care is 3 penalty points and a £100 fine, but more serious offences can warrant 3 – 9 points, a discretionary driving ban and up to £5,000 fine.
Even though careless driving is quite a wide catch all offence, it is relatively easy to gain a conviction for the prosecution because your actions are subjective and compared with the actions of a reasonable and prudent motorist (Think of your steadiest uncle and how he drives).
Have you been accused of driving without due care and attention? Specialist motoring lawyers Patterson Law can help with careless driving, driving without due care and defending these offences in court.