Careless Driving and Driving Without Due Care and Attention

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Careless Driving Solicitors

At JMW, our expert motoring offence solicitors have years of experience representing clients who have been accused of careless driving. If you feel you have grounds for contesting an offence, have particular mitigating circumstances, or feel that a disqualification would have a disproportionately negative effect on your life, consulting a solicitor should be your first step when looking for advice and possible representation.

Many people who are charged with offences of this nature believe they have no choice but to accept the accusation and impending punishment, which can include a fine, three to nine points on their driving licence, and/or disqualification.

However, this is not always the case. Due to JMW’s extensive experience of working with dangerous driving cases, our team has a deep understanding of motoring law and the various defences that may be applicable to your specific case, and our processes have always been first class; winning us awards and, most importantly, positive results for clients.

To contact our team of careless driving solicitors and find out how we can help you, call us for free on 0345 872 6666, or complete our online enquiry form and we will get back to you as soon as we can.

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How JMW Can Help

Our specialist motoring solicitors have many years of experience helping those who have been accused of careless driving, and our intervention often results in a reduced penalty for the accused.

The team keeps approachability and efficiency at the top of its priority list when providing award-winning advice and support. We appreciate the importance of driving to every-day and work life, and our deep understanding and experience in motoring offences will lead to the best chance of keeping you on the road.

No matter what the reason for the allegations against you, we can help. Our experts also provide comprehensive legal advice to those accused of not being in full control of their vehicle or driving without reasonable consideration for other road users.

What is Careless Driving?

Careless driving is defined by the law as driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.

This means driving in a manner that falls below what would be expected of a competent or careful driver, and causing other people to be inconvenienced by your driving.

Examples of Careless Driving

There are a number of examples of careless driving practices that could be deemed an offence, including

  • Lane hogging
  • Handbrake turns
  • Tailgating
  • Eating/drinking while driving
  • Operating a sat nav while driving
  • Driving too fast
  • Undertaking
  • Overtaking and forcing other vehicles to brake
  • Ignoring road signs
  • Driving through a red light
  • Using a mobile phone while driving

However, the law surrounding the driving without due care offence is constantly changing, as unprecedented cases are often taken to court.


Careless driving became a fixed-penalty offence in 2013, although the most serious offences will still lead to court summons. The possible penalties for this offence are:

  • Fixed penalty - offered when police officers observe low-level careless driving that does not cause a collision or injury to a member of the public. Fixed penalties for careless driving are endorsable (leading to a fine and points on your licence).). You can either accept the punishment or plead not guilty and have the case heard in the Magistrates' Court.
  • Fixed penalty with an offer of educational training - offered in similar situations to a regular fixed penalty, but in this case you will be offered to choose between taking a fixed penalty or attending an educational driving course. Refusing or not attending the course and not accepting the fixed penalty will lead to court summons.
  • Summons - offered in situations where the driver has been particularly aggressive or bordering dangerous. You can either plead guilty and accept the fine or plead not guilty and take the case to the Magistrates' Court.

The maximum penalties for careless driving are:

  • Three to nine penalty points
  • An unlimited fine
  • Discretionary disqualification

Death by Careless Driving

In more serious cases, your driving can result in an accident that causes the death of a pedestrian or another road user. In such cases, there are two offences with which you may be charged:

  • Death by careless or inconsiderate driving
  • Death by careless driving while under the influence of alcohol or drugs

Visit our page on fatal driving offences to learn more.

FAQs About Careless Driving

Is careless driving a criminal offence?

No matter what offence you are charged with, if your case is taken to court and you are convicted, this will appear on your criminal record. Serious offences for which the maximum sentence is a prison sentence will also appear on a criminal record.

How much will it cost to be represented by a motoring offence solicitor?

Our prices vary depending on the complexity of your case, and whether you would like to be represented by a more senior solicitor. To find a detailed breakdown of our pricing, visit our fixed fees page for motoring offences, or give us a call on 0345 872 6666 and we will discuss your situation and what the best options are to ensure an effective defence of your right to drive.

What is the process of forming a careless driving offence defence?

Once we have a better idea of what your situation is, we can begin to form an appropriate defence. We will discuss the accusations made against you, and what evidence the police may have against you. There are many factors to consider when preparing a legal defence, and these can be a minefield to navigate, which is why our specialist careless driving offence solicitors will be instrumental in keeping you on the road.

The police are not perfect convictors; in many of our successful cases, we have been able to pick holes in their evidence collection processes.

A driving offence case can take a long time to resolve, and you may not even get a court hearing for seven or eight months after being accused. This will obviously cause you stress and uncertainty, and our goal is to make you feel as safe and secure as possible so you can continue to live your life while we work. Call us now and get started.

What are the possible penalties for a careless driving offence?

The penalties associated with a conviction for driving without due care and attention can vary significantly according to the circumstances of the incident and the driver.

If your conviction is your first offence, you are unlikely to receive the most severe punishment - however, careless or inconsiderate driving can result in a fine of £100 and three penalty points on your licence. If you only recently passed your test, or you have a number of penalty points on your driving licence already, you may also lose your licenceby revocation (DVLA) or face a ban from driving for a set period of time.

Talk to Us

If you have been accused of careless driving, get expert legal assistance from our specialist solicitors today. Call 0345 872 6666 or use the online enquiry form on this page to request a call back.