Due care and attention

Also known as careless or inconsiderate driving, driving without due care and attention is a criminal offence that criminalises negligent motorists whose driving falls below the standard expected of a competent and careful driver.

There is a more serious charge of causing death by careless driving. The same factors discussed below apply but the prosecution must also prove that a death occurred because of your driving.

The offence can be committed in many ways, such as by failing to keep a proper look out, by driving a vehicle with a known defect or driving knowing that you are not fit to drive due to a medical condition or tiredness. You may also commit an offence by driving too closely to other vehicles, splashing pedestrians by driving through puddles to quickly or hogging the overtaking lanes on multi-laned roads.

You will have a defence if you can show that your driving was careful and competent or, for example, if your car developed a mechanical fault while driving. You will also have a defence if you were confronted by an emergency and your actions were reasonable in the circumstances even if, with hindsight, you might have acted differently. It is for the prosecution to prove that you drove below the standard expected so once you raise a defence, they must disprove it.

If you are convicted the court will consider how serious the allegation is. They will look at factors that increase the seriousness of the offence, such as whether you were driving aggressively, at speed, while tired or contrary to medical advice. The judge will also consider any injuries caused to another person, damage to property or the risk that injury could have occurred due to a high level of traffic or people in the area at the time.

The court can disqualify you from driving and will impose a fine. There is no limit to the length of the ban or the amount of the fine.