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Driving without due care and attention

If you are being investigated, or prosecuted, for driving without due care and attention (also described as careless driving) please contact me today for free initial advice and assistance.

Driving without due care and attention

Driving without due care and attention is dealt with in the Magistrates’ Court. The maximum penalty is a fine. The court must also endorse the driver’s licence with 3 to 9 penalty points unless there are special reasons for not doing so. The court can impose a disqualification period for a defined period and/or until a driving test has been passed.

Driving without due care and attention is driving which falls below the standard of a competent driver. The standard is an objective one and the driving must be deliberate or because of incompetence, inadvertence or inexperience.

Examples of driving without due care and attention can include:

  • overtaking on the inside;
  • driving inappropriately close to another vehicle;
  • inadvertently driving through a red light;
  • emerging from a side road into the path of another vehicle;
  • tuning a car radio, when the driver was avoidably distracted by this action;
  • using a hand-held mobile phone or other hand-held electronic equipment when the driver was avoidably distracted by that use;
  • selecting and lighting a cigarette or similar when the driver was avoidably distracted by that use.

Driving without reasonable consideration

Driving without reasonable consideration is a similar offence except that it also has to be shown that other persons are inconvenienced by the driving. This is usually when the driving amounts to a clear act of incompetence, selfishness, impatience or aggressiveness in addition to some other inconvenience to road users. The following examples are typical of actions likely to be regarded as driving without reasonable consideration (or inconsiderate driving):

  • flashing of lights to force other drivers in front to give way;
  • misuse of any lane (including cycling lanes) to avoid queuing or gain some other advantage over other drivers;
  • unnecessarily remaining in an overtaking lane;
  • unnecessarily slow driving or braking without good cause;
  • driving with un-dipped headlights which dazzle oncoming drivers, cyclists or pedestrians;
  • driving through a puddle causing pedestrians to be splashed;
  • driving a bus in such a way as to alarm passengers.

Please contact me today to discuss your driving matter.

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