Driving without due care, or careless driving, is one of three specific classifications of driving offences related to dangerous driving. To be guilty of a charge of reckless driving, the prosecution must prove that you were not showing the level of care and attention that should be expected from a reasonable driver.

You may be charged with careless driving if you cause an accident due to not paying close enough attention to the road because you were distracted, tired or otherwise preoccupied or performing an allegedly illegal manoeuvre.

If, for example, you failed to stop in time because you were lighting a cigarette or changing a CD, you may be charged with careless driving because you were not giving due care and attention to the road and the cars around you. A driver who has caused an accident because he misjudged another car’s speed or failed to notice an oncoming car, cyclist or pedestrian because of poor visibility may be prosecuted for careless driving.

Driving without due care is a lesser charge than dangerous driving. It comes with a punishment of 3-9 penalty points, discretionary disqualification and a fine, and a conviction will invariably affect your insurance premium.

Death By Careless Driving

The government is currently drafting new legislation, which includes a new charge of death by careless driving. This charge would cover deaths resulting from traffic accidents caused by an error of judgment or a lack of due care and attention where there is no proof of deliberately reckless driving. The penalty for death by careless driving will range from a community order to, in extreme cases, a sentence of up to three years imprisonment.

Inconsiderate Driving Offences

Inconsiderate driving is another charge which relates to careless driving. Inconsiderate driving is road traffic behaviour which can be proven to have inconvenienced other drivers. Tailgating, flashing your headlights or beeping your horn to intimidate another driver into speeding up or changing lanes, speeding up through puddles and splashing pedestrians, and failing to move out of the overtaking lane are all examples of inconsiderate driving or driving without reasonable consideration for other road users.