Careless driving is governed by S3 of the Road Traffic Act 1988. A person is regarded as driving carelessly if they were driving without due care and attention, or without reasonable consideration for other persons using the road or place.
What is considered careless driving is extremely varied and the act provides two separate descriptions of driving either of which can constitute an offence. The first description is driving without due care and attention and the second description for a motorist to drive without reasonable consideration for other persons using the road.
The penalties for conviction are a fine up to £5,000 and you licence being endorsed with between 3-9 penalty points. The courts have the discretion to disqualify a driver upon conviction of careless driving if the courts feel it would necessary and the offence has sufficient aggravations, such as the weather conditions and the existence of other road users.
Since 2013 the police or the Procurator Fiscal can issue a fixed penalty in respect of an allegation of careless driving being £100 and 3 penalty points.
Given the severity of penalties and the variety of driving that could be constituted as careless it is important to seek legal advice as soon as you are charged or receive a citation alleging careless driving. We can help defend allegations of driving careless and where necessary mitigate any punishment to help the impact of you and your licence to be minimal.
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