A person shall not drive a vehicle in a public place without due care and attention. There is no statutory definition of due care and attention.
Whether driving is regarded as careless driving or dangerous driving will depend on the facts of each case.
Defence
- That the circumstances alleged do not constitute Careless Driving;
- Duress;
- Mechanical defect;
Penalty
- A presumptive disqualification order of not less than two years for a first offence and a mandatory disqualification order of four years in the case of a second or subsequent offence within three years.
- In the case of a first offence, discretion is available to a Court not to impose any disqualification order, if significant mitigation is accepted by the Court.
- Where the careless driving caused death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not to exceed 2 years or to a fine not exceeding €10,000
- A fine not exceeding €5,000
- minimum four-year disqualification where a person is convicted of careless driving tried on indictment (where the contravention caused death or serious bodily harm).
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See guides to similar offences including dangerous driving and driving without reasonable consideration.