Road Traffic Law

Careless Driving Defence Solicitors

Careless or inconsiderate driving is an offence under section 3 of the Road Traffic Act 1988, covering driving that falls below the standard expected of a competent driver. ASA Solicitors advises on defences, penalty points and disqualification.

The offence

Section 3 of the Road Traffic Act 1988 makes it an offence to drive a mechanically propelled vehicle on a road or public place without due care and attention, or without reasonable consideration for other road users. The standard is that of a competent and careful driver. Careless driving is a summary offence.

Examples and defences

Penalties

Careless driving carries a fine and between three and nine penalty points, or discretionary disqualification. Causing death by careless or inconsiderate driving (section 3A) is a more serious either-way offence carrying up to five years’ imprisonment.

Frequently asked questions

Yes, although it is summary-only and is often dealt with by a fine and penalty points rather than custody.

Between three and nine penalty points, or discretionary disqualification at the court’s discretion.

Careless driving falls below the standard of a competent driver; dangerous driving falls far below, in a way that would be obviously dangerous. Dangerous driving is either-way and imprisonable.

Yes. The standard of driving and the reliability of the evidence can be disputed, and mitigation can reduce the penalty imposed.

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