Careless Driving

Careless driving (or driving without due care and attention) is said to be committed when the accused’s driving “falls below the standard that is expected of a competent and careful driver”. The manner of the driving must, however, be placed in context so that the circumstances and surroundings in which the incident took place (such as level of traffic, visibility, weather conditions, etc.) are allowed for. 

The Crown Prosecution Service accepts that the circumstances in every case will be unique so this is a clear area that any defense must fully explore. A law firm with specialists in motoring law can make a significant difference here.

Due to the definition of the offence there is clearly a quite a bit of subjectivity in the charge of careless driving and with such potentially large penalties for being found guilty, taking legal advice from a specialist law firm is an essential first step if you are charged with this offence. Some of the examples of careless driving also overlap with examples of dangerous driving so it is possible to have a more serious charge of dangerous driving reduced to that of careless driving provided the correct approach is taken.

How is a charge likely?

The case for a charge of careless driving tends to be on the basis that the accused was driving below the standard expected of a reasonable, prudent and competent driver. This may have led to a collision but does not need to. It can be applied if no accident occurs but is perceived by the police as warranting action. It also applies either when the driving is regarded as deliberately “bad” or when it could be said that it is due to incompetence, inexperience or lack of concentration.

Some examples of careless driving are

• overtaking on the inside;
• driving too close to another vehicle;
• driving through a red light;
• driving out of a side road without giving way;
• tuning the car radio whilst driving and being distracted from the road;
• reading a newspaper/map;
• selecting and lighting a cigarette/cigar/pipe;
• talking to and looking at a passenger for more than a glance;

This list is by no means exhaustive but the main theme is that the driver is not obeying the normal rules of the road and has either caused and accident or is driving in a way that could lead to an accident. Sometimes a careless driving charge may be applied instead of the more serious charge of dangerous driving when an accident or injury has occurred.

A few key issues apply if you are charged with a careless driving offence – the point of whether you are culpable for an accident, the subjective nature of the charge and other factors that may have been applicable at the time which may have been directly relevant to the actions. Beyond these points there is the further issue of your own or any dependence circumstances if you are found guilty and that should be considered in any punishment.

Due to the potential outcomes it is strongly recommended that you seek legal representation from the outset. Specialist lawyers can help you prepare and present your case to the Court in the best possible way giving you the greatest chance of getting the best outcome.