Careless driving, known in legal terms as driving without due care and attention, is one of the most common driving offences on UK roads. It covers a wide range of driving behaviours and applies to any actions that fall below the expected standard of a competent and careful driver. 

Even when an incident of careless or inconsiderate driving results from a momentary lapse in concentration, this can result in being charged with an offence, and a conviction for careless driving can lead to significant penalties, including penalty points, fines and even a possible disqualification.

At JMW, our motoring offence solicitors are experienced in defending drivers against allegations of careless and dangerous driving. Here, we outline the behaviours that can lead to charges of driving without due care and attention or other offences, and explain the typical penalties that you may face. We also explain the role a solicitor can play in minimising the sentence you receive if it is not possible to mount a full defence on your behalf.

Is Careless Driving a Serious Offence?

Under Section 3 of the Road Traffic Act 1988, careless driving (or inconsiderate driving) occurs when a person's driving falls below the standard expected of a competent and careful driver. It also covers situations where a driver fails to show reasonable consideration for other road users and typically relates to errors of judgement or brief moments of inattention. As such, the definition of careless driving is broad and can encompass many different actions. 

While careless driving is not considered one of the most serious offences, it still comes with strict penalties, and there are also other relevant offences that some driving behaviours will fall into. Causing death or serious injury by careless driving will come with much stronger penalties than an offence where no one was hurt and nothing was damaged.

What Are the Penalties for Careless Driving Offences?

The penalty for careless driving depends on the severity of the offence and how it is dealt with. The options range from a fixed penalty notice (FPN) for minor incidents to a court summons for more serious cases.

Fixed penalty notices

The most common outcome for less serious careless driving offences is for the police to issue an FPN. You can choose to challenge the charge in court, or plead guilty and receive:

• A fixed fine
• Three penalty points on your driving licence

Speeding and other relatively minor offences are also dealt with using FPNs, and the process is typically the same. As with speeding offences, some drivers may be offered the chance to attend a Driver Improvement Course as an alternative to the fine and penalty points. This is only offered for first offences and will not be available if you have attended a similar course within a three-year period. The offer is made at the discretion of your local police force, so you cannot rely on the offer of a course to avoid receiving points on your licence.

Court-imposed penalties

If the offence is considered too serious for an FPN, or if you choose to contest the allegation, the case will proceed to the Magistrates’ Court. If you are found guilty, the court has greater sentencing powers and can impose more significant penalties. This is one reason that it is important to consult a solicitor before deciding to contest a case in court, because the penalties can be much stricter if you are found guilty.

Possible penalties include:

• Between 3 and 9 penalty points on your licence
• An unlimited fine based on your income
• A driving disqualification for a length that depends on the seriousness of the offence

Even if the court does not choose to impose a ban, you may incur one automatically if you accumulate 12 or more penalty points in any three-year period under the totting up rules. For new drivers who accumulate six or more penalty points within two years of passing their driving test, their licence will be revoked automatically. This means they must reapply for a provisional licence and pass both the theory and practical tests again. If you find yourself in either of these positions, you should consult a legal professional immediately to discuss your options.

The court will consider the level of culpability and any harm caused to determine a sentence, and your solicitor can present mitigating factors in your defence to make sure any penalty is proportionate.

What Is the Difference Between Careless and Dangerous Driving?

The difference between these offences is very important, with Dangerous Driving carrying much more severe penalties. Importantly, if you are charged with Dangerous Driving, an expert motoring solicitor may be able to argue that the charge is reduced depending on the circumstances. It is therefore important that you understand the difference between the offences.

Careless driving

Careless driving applies if your driving falls below the standard of a competent and careful driver. 

Some common examples include (but are not limited to):

• Poor lane discipline, such as overtaking using the inside lane
• Driving too close to the vehicle in front (tailgating)
• Driving through a red light
• Failing to give way at a junction
• Being distracted by something inside or outside the vehicle, such as operating a sat nav, eating, drinking or smoking
• Dazzling other drivers with full-beam headlights
• Unnecessarily slow driving or braking without good cause

Using a hand-held mobile phone is a specific offence but can also be considered as evidence of careless or even dangerous driving, depending on the circumstances.

Dangerous driving

Dangerous driving applies if your driving falls far below this standard, and it would be obvious to a competent driver that driving in that way would be dangerous. 

It involves a clear and obvious risk of injury or serious damage to property. 

Examples include (but are not limited to): 

• Racing
• Aggressive driving
• Ignoring road signs or traffic lights
• Driving a vehicle with a known dangerous fault. 

The penalties for dangerous driving are much higher, including a mandatory driving disqualification and a potential prison sentence of up to two years. Life imprisonment is a sentencing option available to the Court if the offence results in a fatality.

In serious cases where you are caught driving without due care and attention, the charge might be escalated to one of dangerous driving, for which the penalties are far more severe. 

The key difference

The key difference lies in the standard of driving – does the driving fall below, or far below that of a careful and competent driver? This minor detail leaves it open to an expert motoring lawyer to assess the facts of your case and seek to reduce the charge in various circumstances.

What Is 'Causing Death by Careless Driving'?

The most serious careless driving offence is causing death by careless driving. This is a criminal offence that carries substantially higher penalties and reflects the devastating consequences of the driving behaviour in question.

If a driver is convicted of causing death by careless driving, the penalties can include:

• A prison sentence of up to five years
• An unlimited fine
• A mandatory driving disqualification for a minimum of 12 months

The court will refer to sentencing guidelines and consider aggravating and mitigating factors to determine the appropriate sentence. This is a distinct offence from causing death by dangerous driving, which carries a maximum sentence of life imprisonment. 

If a death has been caused, an expert motoring solicitor at JMW can assist in reviewing your case, instructing appropriate experts, and arguing that your matter is one of careless, not dangerous, driving. The variations in sentences speak for themselves.

• R v JB: Demonstrative of the importance of expert instruction from interview stage onwards, JMW were able to use their knowledge and expertise to mount a defence to a charge of death by dangerous driving. Whilst it was initially alleged that mobile phone use played a part in the collision, JMW’s detailed review and instruction of appropriate experts resulted in acquittal at trial of the substantive charge.
• R v IG: JMW were able to substantiate the assertion that the matter was one of causing death by careless driving, not dangerous driving through the meticulous review of the papers and the instruction of a forensic collision expert. Demonstrative of the importance of instructing the right expert from the outset, JMW were able to achieve a suspended sentence for the lesser charge: Death by Careless Driving – Custodial Sentence Avoided - JMW

What Is 'Causing Serious Injury by Careless Driving'?

The offence of causing serious injury by careless driving was introduced in 2022. 

It means that if you have driven a mechanically propelled vehicle on a road or other public place, without due care and attention/ reasonable consideration for others (careless driving) and have caused serious injury (injury that amounts to grievous bodily harm), then you can be charged with the offence.

Sometimes, a driver is charged with this offence in isolation, however often, it accompanies a charge of causing death by careless driving. In this instance, it would increase any sentence imposed for the main offence of causing a death.

The sentence for causing serious injury by careless driving is severe (particularly when accompanied by a death), and can include:

• A prison sentence of up to 2 years
• A high-level community order
• A mandatory driving disqualification for a minimum of 12 months

It is important that if you are charged with such an offence, you seek expert legal advice. There are multiple elements to the offence which must be established to prove guilt, and an expert will assist you in a detailed analysis of the case and the formulation of a thorough and proper case approach.

Even if you are not seeking to defend the allegation, it is important that your mitigation at sentence is presented clearly, and your credit for a guilty plea is preserved at its maximum.