Careless Driving
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
- Mon – Fri: 09:00am – 17:00pm
If you have been charged with careless driving [S3 Road Traffic Act 1988] then you will require a solicitor to get you the best possible outcome.
Road Traffic Act 1988 Section 3: Careless, and Inconsiderate, Driving
Careless Driving [S3 Road Traffic Act 1988] is another common form of prosecution in respect of “bad drivin
A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.Without due care and attention is a legal phrase which suggests that the driver was not alert enough or paying attention.If the crown proves this they will secure a conviction for careless driving.
If found guilty or you plead guilty to careless driving you can have between 3 and 9 points endorsed on your licence or disqualified outright. Most of these cases will appear in The Justice of the Peace Court but can also appear in the Sheriff Court. If it is in the latter it means it is more serious or complicated.
A client was recently charged with careless driving by going through a set of traffic lights and colliding with a vehicle crossing the traffic lights. The client was acquitted in this matter. A pensioner reversed into a parked car in a supermarket. That is a minor form of careless driving and would normally attract lower end penalty points. In this case it was 3 points. The other extreme was a motorcyclist overtaking through a solid white line on the side of Loch Lomond at Firkin Point, the scene of various fatal accidents, the Sheriff disqualified the motorcyclist outright for 6 months and was very upset that the charge had been dropped from Dangerous Driving to careless driving.
Client was charged with careless driving in Edinburgh after knocking a motorcyclist off his bike in the New Town. It was shown that there was fault on either side. She had 3 points placed on her licence as well as a fine.
What is careless driving in Scotland?
Careless driving refers to driving without due care and attention or reasonable consideration for others.
What are the penalties for careless driving?
Penalties include a fine, 3-9 penalty points, or disqualification in severe cases.
Can I go to court for careless driving?
Yes, particularly for serious incidents or if you dispute the allegation.
What is the difference between careless and dangerous driving?
Careless driving is unintentional negligence, while dangerous driving shows a clear disregard for safety. It is a question of the degree of severity of the driving.
Can I lose my licence for careless driving?
Yes, especially if it involves serious incidents or multiple offences.
How can I defend against a careless driving charge?
Provide evidence that your actions were reasonable or unavoidable under the circumstances.
Does careless driving increase insurance premiums?
Yes, insurers consider it a sign of higher risk, leading to premium hikes.
What behaviours are considered careless driving?
Examples include tailgating, running red lights, or distracted driving.
How long does a careless driving conviction stay on my record?
It stays on your record for 4 years from the date of the offence.but points are only live for 3 years from the date of the offence.
Can I take a course instead of receiving penalty points?
Not in Scotland at the moment.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
