Careless Driving - Definition

Normally to secure a conviction the prosecution has to prove that the driver drove on a road or other public place "without due care and attention or without reasonable consideration for other persons using the road or place". The standard of driving is the only real issue and this has to be judged against the standard to be expected from a "competent and careful driver".

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The Highway Code can and is used as a guide to acceptable driving behaviour but failure to comply with the code will not automatically lead to a conviction [S37(7) 1988 Act].

To secure a conviction for driving "without due care and attention" the prosecution has to prove that the driver "departed from the standard of a reasonably prudent and competent driver in all the circumstances of the case". The age, experience or physical or mental health of the driver is irrelevant as are his or her views on what happened. Similarly the prosecution do not need to establish that the driver was guilty of a deliberate act or error of judgement. Each case depends on its own facts.

To secure a conviction for driving "without reasonable consideration" the prosecution also has to establish that an actual road user has been inconvenienced.

Causing Death By Careless Driving

See s.3A 1988 Act. Normally to convict a driver the prosecution has to establish that he caused the death of another person by driving without due care and attention, or without reasonable consideration, and

• He is, at the time when he is driving, unfit to drive through drink or drugs, or
• He has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceed the prescribed limit, or
• He is, within 18 hours after that time, required to provide a specimen in pursuance of s.7 1988 Act but without reasonable excuse fails to provide it.