Can You Get Banned for Careless Driving?

Careless driving is a criminal offence and can result in a ban from driving, as well as up to nine penalty points and an unlimited fine. Depending on the severity of the offence, you could be banned. It is also possible for multiple offences to further increase the length of your ban. And even after this time has passed, there may still be other restrictions and requirements placed on your licence before you are allowed back on the road - for example, attending additional driving courses or passing another test.

In the following guide, the expert motoring offences solicitors at JMW assess the various aspects of careless driving that may lead you to incur higher penalties for committing an offence, and how you can prepare yourself against prosecution.

What is careless driving?

Careless driving is a term used to describe any action taken on the road that is considered by the law to be careless and dangerous. This includes but is not limited to:

• Lane hogging
• Handbrake turns
• Tailgating
• Eating/drinking while driving
• Operating a sat nav while driving
• Driving too fast
• Undertaking
• Overtaking and forcing other vehicles to brake
• Ignoring road signs
• Driving through a red light
• Using a mobile phone while driving

Careless driving is often associated with other offences, such as drink driving or speeding. This means that even less severe careless driving offences can have much more significant consequences.

What are the penalties for a careless driving offence?

Depending on the circumstances of your case, you may be informed of your offence via fixed penalty notice through the post or given directly by police officers after a stop. Alternatively, you could receive a court summons if your offence is more serious or you have too many offences on your record.

The penalties for a careless driving offence can vary depending on the severity of the offence. Most commonly, offenders face between three and nine penalty points on their licence, an unlimited fine, and a ban from driving.

Bans are typically only incurred for particularly serious careless driving offences. This will be decided in court, rather than given by a police officer directly after the incident. You may also receive a driving ban due to the accumulation of points. This will happen if you receive more than 12 points within a three-year period. Since careless driving offences can incur a significant number of penalty points, it is a common way drivers exceed the point limit.

You may be given the option to take an educational driving course. Doing so may clear your penalties or reduce them, so it is highly recommended that you take this option if it is available, and you accept any wrongdoing. If you choose to take the course and fail to attend the sessions, the court will revisit your case and you may incur the penalties you would have originally been charged with, or more severe ones.

How to defend against a careless driving prosecution

When you first receive a fixed penalty notice or court summons, you should consult with a solicitor before doing anything else. This is essential as motoring offences are complex and it is easy to make costly mistakes. Without expert legal advice, you will not be able to identify opportunities that might allow for the reduction of your penalties.

If you have incurred a fine and penalty points, it may be best to simply pay the fine. This is because disputing a motoring offence unsuccessfully can result in more severe penalties, such as higher fines. However, if the implications of your prosecution are more serious, for example, if you need to drive for your job - you should consider the implications of not disputing the prosecution.

When you first contact our team, one of our specialists will discuss your situation with you in an initial consultation. This will allow us to understand your circumstances and your chances of success, as well as what your next steps should be.

The police will use the information gathered to prosecute you, so we will also have to gather evidence to counter their argument.

Common arguments for this include:

• There was a medical emergency
• You were in danger or were being forced to drive carelessly by someone
• You were unaware of a fault with your vehicle

We will help you by identifying and gathering any evidence that supports your defence, and we will represent you in court proceedings.

For legal advice on any aspect of motoring offences, speak to our team today. Call us on 0800 804 8159, or fill out an online enquiry form and we will return your contact at a time and date specified by you.