Road Traffic Offences

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Driving Without Due Care and Attention

What is careless driving?

Your driving will be considered careless if the standard at which you were driving has fallen below the reasonable standard expected of a competent driver. The Road Traffic Act 1988 states a driver is guilty of the offence when they are driving a mechanically propelled vehicle on a road or other public place without due care and attention.

The following can be considered as a careless driving offence:

  • Failing to comply with road traffic signals
  • Speeding at the time of a collision
  • Driving at a speed that was inappropriate for the weather or road conditions
  • Driving under the influence of drugs/alcohol
  • Using a phone or any other electronic device
  • Undertaking another vehicle
  • Tailgating another vehicle at the time an accident took place
  • Failure to use lanes correctly
  • Eating whilst driving
  • Undertaking

If you are guilty of driving without due care and attention you can receive between 3-9 penalty points or disqualification.

Death by Careless Driving

Consequences of death by careless driving

If you are found guilty of causing death by careless driving, you can face a sentence of up to five years imprisonment and a disqualification from driving for a minimum of 12 months. If the Courts believe that disqualification is not appropriate based on the circumstances, you may receive between 3-11 points on your licence and are likely to have to take a discretionary re-test. If you caused death by careless driving whilst under the influence of alcohol or drugs the maximum sentence you can receive is 14 years.

How can we help?

It is important to seek legal advice immediately after you have been made aware that a charge of careless driving has been made against you.

If you have been involved in an incident that has resulted in death by careless driving our Road Traffic Offence Solicitor will safeguard your interests and provide support for you and your family.

Contact us today on 0161 798 9000