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Driving without due care and attention, what does this mean?

Driving without due care and attention is a criminal offence, which is often referred to as careless driving. The offence is committed when a driver’s standard of driving falls below what is expected of a competent and careful driver.

It is strongly advised to seek legal advice when being accused of this offence.

Examples

A few examples of what would constitute the offence are:

  • Pulling out of a junction into the path of another vehicle
  • Failing to indicate
  • Driving whilst distracted, for example by the radio, eating or passengers

Even a brief, unintentional distraction, often referred to by the courts as a ‘momentary lapse of concentration’ can lead to a charge for careless driving.

Penalties

The penalty for driving without due care and attention depends on the individual facts of the case. The offence can be dealt with through a fixed penalty notice, a referral to a course or a court summons.

Penalties can include:

  • 3-9 penalty points on your driving licence
  • A fine of up to £5,000
  • A driving disqualification

In less serious cases, the Police can issue a drivers’ awareness course, subject to conditions of admission and the facts of the case.

There can also be impacts on insurance.

At Johnson Astills, we offer fixed fee initial consultations, at which we will discuss your matter in detail and provide preliminary advice and guidance. For further information, or to arrange a fixed fee consultation, please call our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312.