What is classed as careless driving?
Careless driving in UK law is defined as when a driving galls far below the minimum standard expected of a competent and careful driver, including behaviour that could potentially endanger yourself and others.
Examples of dangerous driving can include:
- Speeding, racing, or driving aggressively
- Ignoring traffic lights, road signs or warnings from passengers
- Overtaking dangerously
- Driving under the influence of drink or drugs
- Driving when unfit
- Knowing the vehicle has a dangerous fault or unsafe load
What should I do when driving in adverse weather conditions?
The advice for any motorist who is driving in such weather conditions is to drive at a speed commensurate with the prevailing weather conditions. News reports did show some examples of drivers who had disregarded such advice and the nature of the driving by such individuals may well have resulted in accidents.
If the driving falls below a certain standard, it may result in criminal charges for Careless Driving or even Dangerous Driving – depending on how poor the driving could be shown to have been. In such circumstances, it would be no defence to say that by driving at 30-mph in a 30-mph zone you were abiding by the legal speed limit. By travelling at such a speed, the driver could not be said to have been taking account of the prevailing road conditions.
What are the consequences of a careless driving conviction?
Depending on the seriousness of the offence, cases of careless driving can be dealt with by either the Police or the Court. For minor offences, Police can deal with careless driving through immediate penalties like a fixed penalty notice. If the offence is more serious, Police can initiate court proceedings.
The Courts will then decide whether your driving falls below a certain standard. The penalty imposed for a conviction of careless driving largely depends on the level of harm and culpability determined by the court. The typical sentence for careless driving will be a fine, penalty points, and potentially a driving disqualification depending on the circumstances of the offence. The type of fine imposed starts from Band D for the lowest harm and culpability and ranges up to a Band A fine and disqualification.
Whether your driving is careless because of adverse weather conditions or one person’s opinion, there is the potential you could receive penalty points and potentially a driving ban.
What should I do if I am accused of careless driving?
It is vital before accepting any fixed penalty that the appropriate advice is sought. The potential short-term benefit of not having to attend Court could have a real disadvantage in the long-term if a penalty is accepted when the evidence did not support it. If you or someone you know has been accused of careless driving, it’s important to consult a specialist driving offence solicitor before agreeing to any penalty to ensure that you are met with a just outcome. Contact a member of our specialist today to discuss your case.
