In order to prove a charge of careless driving under section 3 of the Road Traffic Act 1988 the prosecution requires to prove one of two things:

(a) That the accused driver drove without due care and attention and/or

(b) That the accused driver drove without reasonable consideration for others using the road or place.

In order to prove that an accused driver drove ‘without due care and attention’ the Crown require to establish beyond reasonable doubt that the driving in question fell "below the standard of a careful and competent driver".

Establishing that a driver drove ‘without reasonable consideration’ is much more difficult insofar as the prosecution requires to prove that other persons have actually been inconvenienced as a consequence of the accused’s driving.

Charges of driving without due care and attention can arise in any number of circumstances including a situation where a driver has been involved in an accident because they were not being sufficiently careful at the time.

Examples of driving without due care and attention may include:

(a) Undertaking other motor vehicles

(b) Tailgating

(c) Emerging from a junction without checking if it is safe to do so.

Examples of driving without reasonable consideration include:

(a) Driving too slow or braking unnecessarily

(b) Remaining in an overtaking lane when no longer overtaking

(c) Inappropriate use of full beam headlights

(d) Splashing pedestrians by driving through puddles

Although a less serious offence than dangerous driving careless driving still has the potential to result in significant difficulties for drivers whose driving is at what might be termed ‘the upper end’ of the careless driving scale.

The offence, if proved, carries with it a broad range of penalty points (3-9) and the option of discretionary disqualification. The degree of culpability of the driver determines the ultimate sentence imposed.

Standing the risk of disqualification (whether on a discretionary basis or under the totting up provisions) it is vital for a driver facing prosecution for careless driving to seek expert legal advice at the earliest possible stage.

Check out some of our recent cases:

• Client facing a totting up ban if convicted of charges but needs to keep his licence. We strategize an action plan to save his licence and show prosecution weaknesses to proving Careless Driving. We negotiate a Not Guilty on Careless Driving and acceptance of 3pts for the Red Light offence. Client license is saved and they are delighted!
• Client allegedly lost control of car, driving through fences and into a garden. His girlfriend told police he lost control of the car. However, despite this we argue fervently in court and our client is found Not Guilty. He was delighted!
• Client charged with tailgating unmarked police car and undertaking while speeding. We find flaws in police officer's account of events and persuade Fiscal to drop the proceedings against our client. Client is delighted!
• Taxi driver on 9 penalty points and facing disqualification if convicted. We scrutinize the evidence and present technical legal points to the Fiscal just before the case was due to start. The Fiscal then agreed to withdraw the case. Client ecstatic!
• Lorry driver already on 13 penalty points, totting up exceptional hardship not available. Desperate to save his job we persuade court to impose only a very short 14 day ban imposed instead and his employment is saved!
• Elderly man's foot slips off pedal, crashes into 2 cars causing extensive damage. Strong possibility of losing his driving licence but we present a compelling case and client gets no penalty at all. Client was extremely grateful!
• 2 Charges: Careless Driving and Drink Driving. At trial diet Crown accept not guilty plea to drink driving after demonstrating a fatal legal technicality. Client pleads Guilty to careless driving and 6 points imposed by the court. Licence intact.
• Our client knocked down a pedestrian while turning right. The Prosecution was keen for a conviction but we argue tenaciously and client is acquitted. Our client was relieved.
• Lorry driver comes off road and crashes into a tree. Police charge client with Carless Driving but we persuade Fiscal to drop the case. Client is delighted
• Taxi Driver charged with Careless Driving after Running a Red Light. We find issues with the evidence and Fiscal concedes. Client found Not Guilty!
• Client crashes car into school bus, injuring himself and children on the bus. However, the accident was largely due to very poor weather conditions. We find a procedural technicality and Sheriff dismisses the case. Client was very relieved!
• A rather serious charge as it was alleged our client caused significant fear to another driver. However Richard Freeman, known in the courts as Mr. Technicality finds a technicality and successfully argues both charges leading to not guillty on both charges!
• Client allegedly nearly knocked down a child on a pedestrian crossing and is later charged with Careless Driving. However, our client does not recollect the incident and he hires Richard Freeman (A.K.A. Mr. Technicality) who scrutinizes the case and finds a technicality leading to our client being found Not Guilty
• Police pursue our client, claiming he was speeding and failed to stop. However, despite their evidence seeming very credible, we robustly cross examine the Police in court and highlight some inconsistencies. Client found Not Guilty!
• Delivery driver charged with 2 road traffic offence and faces a Totting Up disqualification. We find a technicality which we use to full effect and get the No Insurance charge dropped. We then persuade court to only issue the minimum penalty for Careless Driving, thus saving client's driving licence.
• Client enters on to main road, knocking down and injuring cyclist. We thoroughly question the witness at trial proving our client had driven in a reasonable manner and Fiscal then drops the case. Client is delighted!
• New Driver accused of ignoring danger warning signs, speeding and crossing double white lines on S bends. We visit location and find issue with Police statements and after scrutinizing the evidence find a legal techniciality. We take it to court and when presented with the defence, the Fiscal drops the case. Client overjoyed!
• At trial diet not guilty plea to careless driving accepted, and admonished and dismissed in respect of S38 charge.
• Client accused of running a red light and causing an accident. However, we show Fiscal that there is a strong weakness in their evidence and then persuade Fiscal to drop the case!
• Taxi Driver allegedly causing bus to perform emergency braking and passenger is injured. Bus web cam video footage of taxi in evidence. However we find a technicality on admissibility and crown case can not win. Charges are dropped, Taxi driver licence and livelihood saved!
• Allegedly running red light, causing accident on CCTV. We find strong legals issues and case is dropped!
• Speeding,witnessed driving roundabout wrong way and on the wrong side of the road. We find a technicality and get case dropped.!
• Driving in face of oncoming traffic.Police intervened. We persuade court to give lowest penalty possible!
• Client on 9 points and facing a Totting Up Ban. We turn police evidence against them and case gets dropped!
• Facing Disqualification. Police state client drove into oncoming traffic almost crashing into them. We find evidential anomalies and case gets dropped!
• Crown had cited 8 witnesses against our client, we get all charges dropped!
• HGV driver charged with carelessly overtaking a car, if convicted could lose livelihood. We win a Not Guilty!
• We rigorously cross examined the two police officers involved and persuade magistra find client not guilty!
• Speeding in bad weather conditions and police statements against him. We argue strongly in court and win a Not Guilty!
• Twice overtaking by crossing line onto opposite carriageway We use an absent document to Win a Not Guilty!
• HGV Driver overtakes forcing a car off the road and Fails to Stop. We argue 2 technicalities and Win Not Guilty on both charges!
• Twice overtaking by crossing line onto opposite carriageway. We use an absent document to Win a Not Guilty!
• Saved client from careless driving charge, even after crashing into a car. Downgraded to just 3pts and a fine!
• Careless driving, police disbelieved under cross examination, client found innocent!
• Undertaking on motorway after overtaking marked police car!
• Careless Driving (Crashes doing handbrake turns)- We Persuade Crown to discontinue case!
• Massively reduced penalty even though client almost crashed into police car!

All of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Paisley Renfrewshire East Kilbride Perth Livingston Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Fife Kilwinning Ayrshire Giffnock viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray