Careless Driving Solicitor Birmingham

Section 3 of the Road Traffic Act 1988 makes it an offence to drive a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other road users. Driving is careless if it falls below the standard of a competent and careful driver. The test is objective — it does not depend on the defendant’s intention or awareness.

Careless driving is distinguished from dangerous driving (section 2) by the degree to which the driving falls below the standard. Dangerous driving requires driving that falls far below the standard. Careless driving requires driving that merely falls below it. The distinction is one of degree and is frequently contested.

A related offence under section 3ZA covers causing death by careless driving where death results from careless or inconsiderate driving. The maximum sentence for causing death by careless driving is 5 years imprisonment.

Careless driving frequently arises from road traffic accidents where police attend the scene and form a view that the driving was below the required standard. It may be charged where a driver pulls out at a junction without adequate observation, fails to brake in time to avoid a collision, or is distracted for a momentary period. It is also charged where a speed camera or officer considers the driving to be inconsistent with the road conditions, even without an accident.

A NIP is required for careless driving under section 1 of the Road Traffic Offenders Act 1988. Where a NIP was not served within 14 days, this may be a defence to the prosecution.

Careless driving may be dealt with by a fixed penalty of three points and a £100 fine for minor cases, or by way of court summons for more serious cases. The Sentencing Council guidelines for careless driving provide for three to nine points or a discretionary disqualification, and a fine. The seriousness of the driving and any harm caused are the principal factors in sentencing.

Defences include: that the driving did not in fact fall below the standard of a competent and careful driver (the key factual question); that the defendant was not driving but was stationary; that the location was not a road or public place; identity; and that a NIP was not validly served. David advises on the strength of the prosecution evidence and whether the driving alleged does in fact amount to carelessness.