Careless Driving: Sentencing Guidelines

Careless Driving: Sentencing Guidelines

When sentencing drivers for committing careless driving acts, the court will determine the offence based on how responsible the driver is for doing so and the extent of the harm they caused. If you have been prosecuted for a serious careless driving incident where death occurs, you could be facing a charge of up to five years in prison and a minimum 12-month driving ban.

In the following guide, we have outlined the legal consequences for careless driving, how you may be able to dispute your charge, and what you should do if you are accused of careless driving.

What are the Legal Consequences for a Careless Driving Offence?

The penalties for a careless driving prosecution vary depending on the severity of the incident. For something more minor, such as overtaking on the inside or driving too close to another vehicle, you could be charged with a minimum of three points on your licence and a fixed fine of £100. However, more serious incidents where someone may have been injured and bad driving could incur a maximum of 7-9 points, a much higher fine, and disqualification from driving. Where a death occurs, a prison sentence is a possibility. 

Examples of careless driving include:

• Driving through a red light
• Turning into the path of another vehicle
• Being distracted by interacting with the car in some way, for example, using the radio
• Using lanes incorrectly to overtake other drivers
• Driving slowly or braking unnecessarily

How Does the Court Determine Careless Driving Sentences?

The court’s sentencing process is separated into different stages. They will first allocate blame and determine the harm that was caused. This is split into three categories: 

• Category three - lower responsibility and harm caused
• Category two - higher responsibility but lower harm, or lower responsibility but higher harm
• Category one - higher responsibility and higher harm

Responsibility is determined by factors such as speeding, aggressive driving or being distracted while driving, to name a few. Meanwhile, harm is assessed based on injury caused, damage to vehicles or property and whether there was a high level of traffic or pedestrians.

Once this has been established, the court will move on to deciding on an appropriate penalty. These are also split into three categories:

• Category three - a lower fine with three to four points added
• Category two - a medium fine with five to six points added
• Category one - a higher fine with seven to nine points added or a disqualification

What to do if You are Accused of Careless Driving

After committing an act of careless driving, you may be pulled over by a police car or receive a notification at home that you are being charged, or in the event of an accident at the scene, questioned by the police. 

If you have been pulled over, you will be asked why you acted in the way you did, and will be required to show the police your licence and insurance documentation. If your actions caused a serious incident, you may be arrested and taken to the police station. The police officer may provide you with a fixed penalty notice (FPN) on the spot, or demand that you pay it at a later date. If you are arrested, they may confiscate your vehicle.

If you have been sent a penalty notice at home, you have two options:

• Accept your charges and pay your fine
• Discuss your charges with a professional solicitor

You should never dispute a driving offence without first discussing it with an expert motoring offences solicitor. 

However, if you believe you have been unfairly charged, you should speak to JMW’s motoring offences team. We have a deep understanding of how careless driving cases are put together and what process the police must follow, and we can use this to your advantage.

If you have been charged with careless driving, you should contact us as soon as possible. To do so, call us on 0345 872 6666, or fill out an online contact form.