The law of Careless Driving Explained
Careless driving, (driving without due care and attention) is committed when the standard of a person’s driving falls below that expected of a competent and careful driver in all the circumstances.
The offence of driving without due care and attention (careless driving) under section 3 of the Road Traffic Act 1988 is committed when the defendant’s driving falls below the standard expected of a competent and careful driver – section 3ZA(2) of the RTA 1988.
What could constitute Careless Driving:
- overtaking on the inside;
- driving too close to another vehicle;
- driving through a red light by mistake;
- turning into the path of another vehicle;
- the driver being avoidably distracted by tuning the radio, lighting a cigarette etc.
- flashing lights to force other drivers to give way;
- misusing lanes to gain advantage over other drivers;
- unnecessarily staying in an overtaking lane;
- unnecessarily slow driving or braking;
- dazzling other drivers with un-dipped headlights.
A court must endorse the licence with 3 – 9 points OR enter a disqualification of a length to be decided by the court, a fine will also usually be payable.
If you receive 12 points on your licence, the court may decide to disqualify you. Hiring one of our expert motoring solicitors may prevent this.
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