If you have been involved in an accident and there has been Police involvement, whether at the scene or at a later date, then it is possible that you could be summonsed for Driving Without Due Care & Attention (commonly referred to as Careless Driving) or Inconsiderate Driving.
This can be a very stressful time for all involved, especially when you feel
“it was just an accident!”
Here, at Trident Solicitors, we have extensive experience of advising and representing people summonsed for offences of driving without due care and attention and careless driving and our experience includes representing people for the most serious offences of Dangerous Driving and Causing Death by Dangerous Drivng.
What is Careless Driving or Driving Without Due Care & Attention?
There is no definition as laid down by the Law except to say that “the standard of driving falls below that which would have been expected of a careful and competent driver” but examples do include:
- pulling out into the path of other vehicles
- not paying attention to the road
- driving at inappropriate speed for the road conditions
- tailgating another vehicle
The Highway Code is viewed as a source of advice on good driving standards, but holds no weight in Law.
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 tailgates a vehicle
- continued beeping of horn or flashing of lights
- driving at unneccessarily slow speeds
What are the penalties for Careless or Inconsiderate Driving?
The Court has the power to impose between 3 and 9 penalty points or a discretionary disqualification. The higher level of points and disqualifications are usually reserved for the more serious of matters, such as high value of damage caused or serious injuries sustained.
It is important to note that if you currently have penalty points upon your driving licence, then dependant upon the points imposed here, you reach 12 point within a 3 year period you will be liable for a “Totting Up Disqualification” and need to make an “Application for Exceptional Hardship”.
If you face, or are worried about a matter of driving without due care and attention or careless driving, then contact Carl today either by calling 01482 227669 or emailing him at carlcodd@tridentsolicitors.co.uk
Causing Death by Careless Driving
If, as a result of careless or inconsiderate driving, a collision takes place and a death occurs, you may be summonsed or charged with the offence of causing death by careless driving. The maximum penalty for causing death by careless driving is 5 years imprisonment and a minimum disqualification of 12 months. The Court has the power to order a re-test to take place at the end of the disqualification.
What is careless or inconsiderate driving?
Some examples of careless driving are:
- pulling out of side street into the path of oncoming traffic
- driving at inappropriate speed for the road condition
- momentary lapses in concentration such as tuning the radio or applying make-up
- or otherwise not paying attention.
Inconsiderate driving can be described as “something which causes particular upset to other road users, either because it is aggressive or selfish” Repeated sounding of a horn, flashing of lights and deliberate tailgating have all been viewed as inconsiderate driving.
If charged or summonsed with the offence of causing death by careless driving, you can feel daunted and feel that there is little that can be done. With the expert advice and preparation that Trident Solicitors will dedicate to your case, you will feel as if you are in safe hands. We will advise you through each stage, with the aim of achieving the best available result for you.
So if you are facing a charge or summons for causing death by careless driving, it is important that you contact Carl today and let us take care of you.
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