Without Due Care Driving Offences

The definition of driving without due care and attention (careless driving) is that the standard of your driving has to fall below that expected from a careful and prudent driver.

This makes the offence subjective rather than definitive and is thus open to interpretation, providing a certain amount of wiggle room for defence.

Also known as careless driving, undue care and attention is covered by section 3 of the road traffic act.

The penalty for careless driving is 3 – 9 points and a fine of up to £5000 or a discretionary ban, however, the majority of due care driving offences receive 3 points and a fine.

Driving without due care normally covers offences caused by a lack of concentration or loss of control of the vehicle, whereas careless driving covers aggressive driving or bad decision making.

Many drivers caught ‘using a mobile phone‘ are prosecuted for driving without due care if the police can’t prove that the phone was in use but was being held in the hand. Additionally, driving without due care is a lesser offence related to dangerous driving where no injury or damage is caused. Many dangerous driving prosecutions result in undue care and attention convictions.

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