Careless Driving
Author: Frank Rogers
Date Published: January 18, 2021
Driving is a privilege, not a right. Anyone who is licenced to drive has the responsibility to operate a motor vehicle in such a way that they do not endanger themselves or others on the road and obey all traffic laws. Careless driving has a range of penalties, depending on the severity of your offence. In this article, you will find helpful information about how Magistrates decide on your case, and the factors that can either lower your penalties or prevent you from being convicted.
Content Overview
What is careless driving?
The Road Traffic Act of 1988, careless driving is when a person drives 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.
What are the penalties for Careless Driving?
If you are found guilty of this driving offence, the penalties imposed can vary dramatically depending on the severity of the offence.
Penalties can include:
- between three to four points for the least serious cases;
- between five to six points for more serious cases;
- a fine of up to £5,000.00;
- between seven to nine points or a discretionary disqualification in the most serious category of cases;
- for a probationary driver if you reach at least six points, then your licence would be revoked and you would have to retake your test.
Below is a list of offences related to careless driving, with their respective endorsement codes, penalty points, and how long these points stay on your licence:
| CODE |
OFFENCE |
PENALTY POINTS |
NUMBER OF YEARS THE POINTS STAY ON YOUR LICENCE |
|---|---|---|---|
| CD10 |
Driving without due care and attention |
3 to 9 |
4 years from date of offence |
| CD20 |
Driving without reasonable consideration for other road users |
3 to 9 |
4 years from date of offence |
| CD30 |
Driving without due care and attention or without reasonable consideration for other road users |
3 to 9 |
4 years from date of offence |
| CD40 |
Causing death through careless driving when unfit through drink |
3 to 11 |
11 years from date of conviction |
| CD50 |
Causing death by careless driving when unfit through drugs |
3 to 11 |
11 years from date of conviction |
| CD60 |
Causing death by careless driving with alcohol level above the limit |
3 to 11 |
11 years from date of conviction |
| CD70 |
Causing death by careless driving then failing to supply a specimen for alcohol analysis |
3 to 11 |
11 years from date of conviction |
| CD80 |
Causing death by careless, or inconsiderate, driving |
3 to 11 |
4 years from date of conviction |
| CD90 |
Causing death by driving: unlicensed, disqualified or uninsured drivers |
3 to 11 |
4 years from date of conviction |
What Proof Does the Prosecution Need to Establish?
To be guilty of careless driving the prosecution must prove that:
- you were driving a vehicle;
- on a road or a public place; and that
- the standard of your driving was below that of a reasonable competent driver.
What is Driving Without Due Care and Attention?
What is the difference between “careless driving” and “driving without due care and attention”? Some people may have interchangeably used these terms, but the latter has an offence code on its own (CD10, refer to table of penalties above) and may penalize you with 3 to 9 penalty points on your licence.
How do Magistrates decide on your case?
Magistrates decide on your case, depending on how bad your driving was. Higher culpability includes:
- excessive speed or aggressive driving;
- carrying out other tasks while driving;
- driving a vehicle used for the carriage of heavy goods or passengers;
- tiredness or driving while unwell;
- driving contrary to medical advice including ignoring written advice from a drug manufacturer not to drive when taking any medicine
Magistrates will also consider if your manner of driving has increased the risk of injury to others. Factors here include:
- any injury to others
- damage to other vehicles or property
- was there a high level of traffic or pedestrians in the vicinity
What factors can get you banned from driving?
Any driving ban can have a major impact on your business, your job & your family. If you have been charged with this driving offence, you can be banned from driving if:
- Magistrates see the offence itself as serious enough to justify a driving ban; or
- the points they endorse on your licence means you reach or pass 12 points & are then at risk of a 6 month driving ban under the totting up procedure;
- if you are a probationary driver & reach or pass 6 points, your licence will be revoked.
What is the first thing you should do when charged with Careless Driving?
It is important to remember that by seeking legal advice at the earliest opportunity, you can be sure that any complex legal arguments favourable to you are identified and successfully argued on your behalf.
Please call me at 0151 601 3743, or complete the Contact Form and I will then:
- call you to discuss your case in a free initial telephone consultation; or
- respond by e-mail; or
- offer you a one hour Zoom video conference; or
- agree to take your case on & agree on a fee for representing you
How can I help if you are charged with Careless Driving?
There are two ways in which I can assist you:
1. The Initial Police investigation for Careless Driving
Very often I get contacted when a client has been told he is to be investigated for careless driving & may be called for interview. Then my task is to:
- find out from you what happened. It is always a good idea for you to write out a detailed account of what happened as soon as possible;
- find out & assess what evidence the Police have;
- consider whether you should attend a voluntary Police interview;
- draft a statement for you to read when interviewed by the Police;
- make representations to the Police that there is insufficient evidence to charge you;
- persuade the Police to offer you a driver improvement course or a fixed penalty instead of taking you to Court;
2. Representation at Court for Careless Driving
I can represent you at any Court in England & Wales or prepare your case & instruct a local barrister to represent you. The issues I will be looking at include:
- if the prosecution has enough evidence to get you convicted;
- if there are weaknesses in the prosecution case;
- is it worth it to plead not guilty;
- which witnesses look like they can be challenged at Court;
- if there are lesser charges that may be appropriate for you to plead guilty to;
- the best outcome that can be achieved;
As a specialist Solicitor dealing only with driving offence cases, I understand that every case is unique. Call me at 0151 601 3743, and let me examine the evidence in your case & look for a defence to prevent you from being convicted.