Careless Driving Defence
“Driving Without Due Care and Attention” (Section 3 RTA 1988)
What is Careless Driving?
Facing an allegation of careless driving can be stressful and overwhelming — especially if the incident was minor or unintentional. Careless driving, legally known as “driving without due care and attention”, applies when the standard of driving falls below that of a careful and competent driver.
Careless driving is one of the most commonly charged motoring offences in England and Wales, with tens of thousands of motorists prosecuted each year. The consequences can affect your licence, insurance costs, employment and personal life.
As specialist motoring solicitors, we defend clients facing all forms of careless driving allegations and guide you through each stage with clear, practical advice.
Why Have You Been Charged With Careless Driving?
The police may charge you if they believe your driving was not up to the standard of a competent driver. This does not require intent — even a momentary lapse in concentration may lead to prosecution.
Typical situations that lead to charges include:
- Momentary inattention
- Low-speed collisions or bumps
- Misjudging distances or other vehicles
- Failing to check mirrors or blind spots
- Lane discipline issues
- Tailgating or undertaking
- Driving too close in traffic
- Using a mobile phone or being distracted
- Poor vehicle control
- Entering roundabouts incorrectly
- Failing to observe signs, signals or markings
Many motorists are shocked to find themselves charged after a minor incident, especially when nobody was injured. However, the police treat these allegations seriously, and expert advice can help protect your position early.
Get Expert Advice Now
Our phone lines are open until 7PM on weekdays. Call now for immediate assistance, or reach out via our contact page and we’ll get back to you as soon as possible.
Penalties for careless driving can include:
- A fine (means-tested by income)
- 3 - 9 penalty points
- A discretionary driving disqualification
- Increased insurance premiums
In some circumstances, the police may offer a Driver Improvement Course instead of prosecution — something our team can often negotiate depending on the facts of your case.
Defences for Careless or Dangerous Driving?
Not every allegation amounts to careless driving. The prosecution must prove that your driving fell below the expected standard — something that is often open to interpretation.
Common defences include:
Disputed Facts or Driving Standard
Mechanical Defects
Poor Road or Weather Conditions
Inconsistent or Unreliable Witness Evidence
Dashcam, CCTV or Telemetry Evidence
Medical Episodes
Procedural Errors
Because the offence is heavily based on interpretation, early legal involvement can significantly influence the outcome — including the possibility of reducing the charge or seeking alternatives to prosecution.
Contact Our Careless Driving Solicitors Today
If you have been accused of careless driving, it is crucial to seek expert advice as soon as possible. Our dedicated motoring law specialists, Jacob Crook and Laura Farrell, will guide you through the evidence, assess your options and build a strong defence strategy tailored to your circumstances.
We can help you:
- Reduce penalties
- Challenge the evidence
- Negotiate lesser charges
- Avoid points or a disqualification where possible
For a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
Defence Expertise
Our team have extensive experience and expertise in motoring law defence.
A Firm Built on
Personal Experience
Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
Representation
Nationwide
From London to Newcastle, we travel wherever you need us.
Free Initial
Assessment
Practical & Honest
Advice from Day One
Fixed-Fee
Payment Options
Our 4-Step Process
1
Make an
Initial Enquiry
Call us or request a call back. We listen to your situation and provide free, no-obligation initial guidance.
2
Case
Accepted
If your case has a defence or a strong mitigation path, and you choose to instruct us, we begin immediate preparation.
3
Full Case Work
& Representation
We gather evidence, analyse procedures, and build your strongest route to success.
4
Outcome
Achieved
Our goal is always the best possible result – whether that’s reduced penalties, avoiding disqualification, or having charges dismissed entirely.
