Careless or Inconsiderate Driving

Careless or Inconsiderate Driving - A38 to Exeter
A38 to Exeter by Highways Agency

Have you been accused of careless or inconsiderate driving? Call 0330 111 6074 for free initial advice and help from a specialist solicitor.

Also Known As

  • Careless driving
  • Inconsiderate driving
  • Driving without due care and attention

Not to be confused with

  • Dangerous driving – a much more serious offence
  • Reckless driving – an old offence that no longer exists

Penalties for Careless or Inconsiderate Driving

The police can offer a driver improvement course as an alternative to a fixed penalty or prosecution. See our guidance on driver improvement courses.

The police can offer a fixed penalty of 3 points and £100. See my guidance on fixed penalties.

The magistrates’ court will impose:

  • Fine up to £5,000 and
  • 3-9 penalty points or an unlimited driving disqualification

Sentencing Guidelines

Examples of nature of activity Starting point Range
Momentary lapse of concentration or misjudgement at low speed Band A fine Band A fine
3 – 4 points
Loss of control due to speed, mishandling or insufficient attention to road conditions, or carelessly turning right across on-coming traffic Band B fine Band B fine
5 – 6 points
Overtaking manoeuvre at speed resulting in collision of vehicles, or driving bordering on the dangerous Band C fine Band C fine
Consider disqualification OR 7 – 9 points

Where Will the Case Be Heard?

Cases of careless or inconsiderate driving are heard in the magistrates’ court. They cannot be dealt with by a Crown Court unless the case goes to appeal.

Points to prove

To prove a case of careless or inconsiderate driving against a driver the police or the prosecutor have to prove all of the following things. If they can’t prove all of them then the driver is not guilty.

  • The accused was driving a vehicle
  • The accused was driving on a road or a public place
  • The standard of driving was below that of a reasonable competent driver

How I defend driving without due care and attention

Every case is different but here are some of the ways I defend cases.

Police investigation

  • Assessing the evidence
  • Advising whether to attend a police interview
  • Persuading the police not to charge
  • Negotiating for a driver improvement course or a fixed penalty

Court case

  • Do the prosecution have enough evidence to prove their case?
  • Should the witnesses by cross-examined to test their evidence?
  • Is it in the public interest to prosecute?
  • Could the case be dealt with by a different charge such as speeding or failing to observe a traffic signal?

Find Out More

Not Sure if You Need Legal Representation for Careless or Inconsiderate Driving?

Before you decide if you need a solicitor, call me or request a call back under no obligation.

 

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