MOTORING LAW
Careless driving
Our solicitors also provide advice and representation on:
Careless driving
A person is guilty of careless driving if the standard of driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case. The test of whether the standard of driving has fallen below the required standard is an objective one. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience.
The penalties are:
- Fine up to £2,500; and
- Mandatory 3 to 9 penalty points; and
- Discretionary disqualification.
- Fixed penalty with 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 dangerous. You can either plead guilty and accept the fine or plead not guilty and take the case to the Magistrates Court.
- Summons with offer of educational training – You will be given the choice to accept and attend the course. Refusing will lead to a court hearing.
- Summons with offer of educational training – You will be given the choice to accept and attend the course. Refusing will lead to a court hearing.
Examples:
The following are examples of driving which may amount to driving without due care and attention:
Driving too fast
Overtaking on the inside
Driving inappropriately close to another vehicle
Driving through a red light
Emerging from a side road into the path of another vehicle
Ignoring road signs
Undertaking
Overtaking and forcing other vehicles to brake
Operating a sat nav while driving
Tailgating
Eating/drinking while driving
Lane hogging
Handbrake turns
The following may also be considered to be careless:
Using a hand-held mobile telephone while the vehicle is moving
Tuning a car radio
Reading a newspaper/map
Most people who attend court for careless driving receive a summons in the post advising them of the charge.