Careless Driving or Driving without Due Care and Attention is created under Section 3 of the Road Traffic Act 1988.
It is for the prosecution to prove to the Court, beyond reasonable doubt, that the manner of driving fell below the standard that would be expected to be exercised by a reasonable and competent driver.
The offence of inconsiderate driving is a separate offence whereby an inconvenience must be caused to another road user. This is defined as having been committed where a person drives without reasonable consideration for other persons who are inconvenienced by his or her driving.
Some Examples of Careless Driving include:
- Turning into the path of another vehicle;
- Driving too close to another vehicle;
- Eating or drinking whilst driving;
- Travelling through a red traffic light.
Some Examples of Inconsiderate Driving include:
- Unnecessary beeping the car horn at other users;
- Startling others by flashing lights at them;
- Unnecessary hogging of a lane on the motorway;
- Unnecessary braking whilst driving.
The Court Process
If you are to be considered for prosecution for careless driving, then you should be provided with a Notice of Intended Prosecution within 14 days of the alleged offence.
The offence of driving without due care and attention or inconsiderate driving can only be heard at the Magistrates’ Courts.
The Magistrates’ Court has the power to impose financial penalties for these offences as well as endorsing your licence with a range of penalty points between three and nine.
In the most serious cases, the Magistrates’ Court will consider a driving disqualification.
It is for the prosecution to prove beyond a reasonable doubt that the manner of the driving fell below the standards that would be expected of a reasonable and competent driver.
If the defence can show that the manner of the driving met the standards expected of a competent and reasonable driver, then an acquittal will follow.
The consequences of being summonsed to Court for this offence can be far reaching.
If you have received a Notice of Intended Prosecution or require further advice please contact Mr Sukhdip Randhawa or Mr Tariq Khan of Kangs Solicitors.