Without Due Care and Attention
Driving without due care (otherwise known as careless driving) is a subjective offence in that the police are proposing that the standard of your driving fell below the standard expected from a prudent and reasonable driver.
To defend the allegation, all you need to prove is that in the same circumstances the same prudent and reasonable driver would have done the same as you.
Most careless driving offences are dealt with by means of a fixed penalty of 3 points & £100 fine. having said that, serious careless driving offences can carry 3 – 9 points, up to £5,000 fine and a discretionary bans.
Without Due Care offences are covered by Section 3 of the RTA
Without Due Care
Lapses in concentration and loss of control offences tend to be due care offences.
Careless driving tends to refer to angry or aggressive driving as well as bad decision making on the road.
The key to defending these offences is to be able to demonstrate that you behaved in the same way as a reasonable & prudent would do. If you can demonstrate that, (or have a leading motoring solicitor such as Patterson Law to represent you) and that your driving didn’t drop below the standards expected then you won’t be found guilty.