Driving Without Due Care And Attention

January 3, 2013 by  
Filed under Motoring Law, Transport

Driving without due care and attention relating to Careless driving and Dangerous driving overlaps to a large extent. If you are charged with either then you should have a look at both pages as there may be points of relevance on both.

A person commits this offence if they drive on a road or other public place and the manner of their driving ‘falls below the standard expected of a reasonable, competent and prudent driver in all the circumstances of the particular case.

What is driving without due care and attention?

Driving without due care and attention or careless driving is when;

  1. Your driving fell below the standard expected of a competent driver; or
  2. You did not show reasonable consideration for other persons using the road or pathways

Driving without due care and attention is an offence in accordance with Section 3 of the Road Traffic Act 1988.


What is Inconsiderate Driving?

Again, whilst there is no clear definition of Inconsiderate Driving, it is generally held to mean “driving which causes undue upset to other road users because it is viewed as being particularly aggressive or selfish”. Examples of Inconsiderate Driving have been found to include:

  • repeatedly tailgating a vehicle
  • continued beeping of horn or flashing of lights
  • driving at unnecessarily slow speeds

inconsiderate driving

The Penalty

If you are found guilty or are pleading guilty in relation to this offence we can make representations on your behalf to the court as to the type of sentence that you should receive. For driving without due care and attention or careless driving the court can impose between 3 and 9 penalty points on your licence, but the court can also disqualify you for any period and/or until a driving test is passed. In such circumstances where you are facing being sentenced you will therefore need a lawyer to point out to the court how a driving ban will adversely affect you.

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