Is Driving Without Due Care and Attention a Criminal Offence?

A momentary lapse in concentration behind the wheel can happen to anyone, but if that lapse leads to an incident on the road, you could find yourself facing allegations of driving without due care and attention. Those facing a potential charge often wonder: ‘Is driving without due care and attention a criminal offence, and could it lead to serious penalties?’

The simple answer is yes. Driving without due care and attention, more commonly known as careless driving, is a criminal offence defined under Section 3 of the Road Traffic Act 1988. If you plead guilty, or are found guilty in court proceedings, you may face penalty points on your licence, a substantial fine and even disqualification in serious cases.
If you have been accused of driving without due care, it is crucial to seek expert legal advice immediately. The motoring law team at JMW has extensive experience in defending drivers against charges of careless or inconsiderate driving, and other driving offences. Here, we break down driving without due care and attention as a specific offence, outline the types of behaviours that can lead to a charge, and what might happen if you are called to a court hearing.

What Constitutes Driving Without Due Care and Attention?

The law states that when a person's driving falls below the standard expected of a competent and careful driver, or they fail to make reasonable consideration for other road users, they may have committed the offence of driving without due care and attention. Because drivers' actions are measured against the benchmark of a "competent and careful driver", even a momentary error of judgement can be enough to be found guilty of the offence.

Common examples of behaviour that can be classed as careless driving include:

• Driving too close to another vehicle (tailgating)
• Overtaking on the inside lane
• Driving through a red light or missing road signs
• Turning into the path of another vehicle
• Poor lane discipline, such as driving in the wrong lane or hogging the middle lane on a motorway
• Being distracted by something inside the vehicle, such as tuning the radio, eating, or using a mobile phone or other device.

Essentially, any action that shows a lack of due care and attention and puts other drivers, pedestrians, or road users at risk can be considered careless driving.
In more serious cases, a charge of dangerous driving may apply. The difference lies in the standard of the driving behaviour, and driving that falls far below the standard expected could be considered dangerous driving. This depends on whether the court deems that it would be obvious to a competent driver that driving in such a way would be dangerous - for example, a motorist showing a clear and deliberate disregard for the rules of the road and the safety of other persons.

What Are the Penalties for Driving Without Due Care and Attention?

If you are found guilty of driving without due care, the penalty will depend on the severity of the incident. The consequences can range from a fixed penalty to a court summons with more severe punishments. For less serious cases, police forces have the discretionary power to issue a fixed penalty notice (FPN). This typically involves admitting to the offence in exchange for three points on your driving licence and a fine. If you accept an FPN, it will not be added to your criminal record but will be recorded on your DVLA driving record for four years. For a first offence, you may be offered the chance to attend a driver education course as an alternative to the points.

If the offence is considered more serious, you may be summoned directly to a court hearing without receiving an FPN. This may apply if you are involved in an incident that caused a serious injury, or if you were caught driving above the speed limit along with other signs of careless behaviour. When a case is heard in court, the magistrates can impose up to nine penalty points on your licence and issue an unlimited fine, which will be based on the seriousness of the offence and your financial means.

If you have held your driving licence for less than two years, accumulating more than six points will result in your licence being revoked. You will have to reapply for a provisional licence and retake both the theory and practical tests. For other drivers, accumulating 12 penalty points will lead to an automatic driving disqualification. The court also has the discretion to disqualify you from driving, and may do so in serious cases.

In the most serious cases, where careless driving results in a fatality, you may be charged with causing death by careless driving for which the maximum penalty is far more severe and can include a lengthy prison sentence. Similarly, the offence of dangerous driving can also come with a custodial sentence and more serious penalties.