I’m often contacted by puzzled people who have been issued a Violation Ticket for Driving Without Due Care and Attention and they haven’t a clue what it means. What did they do that could constitute the offence? What is the officer saying they did wrong?
Fair questions.
The offence of Driving Without Due Care contrary to section 144(1)(a) of the BC Motor Vehicle Act (MVA), has its origins in the careless driving provisions found in British legislation. It was adopted in British Columbia and then modified as the MVA was amended.
Although “careless driving” may be easier to wrap your head around, it may not always apply in the BC context. Careless driving refers to operating a motor vehicle without the necessary caution and attention, thereby posing a danger to others or property. Behavior such as distracted driving, aggressive maneuvers, failure to yield right of way, or demonstrating lack of control over the vehicle may constitute careless driving. Putting on makeup, eating or simply not paying attention may be acts that could substantiate an allegation of careless driving.
While the core elements of the offence remain very similar to the UK provisions, the change in terminology has to some extent, changed the way it is applied. In BC the heading remains, but the specified offence is somewhat different. It reads:
Careless driving prohibited
144 (1) A person must not drive a motor vehicle on a highway
(a) without due care and attention
The decision of the BC legislature to use the term “without” changes the context somewhat. Whereas “careless” suggests an intentional decision not to drive with care, “without” suggests that a lack of attention, drifting off in your thoughts for example, could constitute driving without due care.
What about “due?” This is a word with many meanings including “adequate” but also an imposed obligation such as when a debt is “due” meaning when one must step forward to do what is necessary. It implies an obligation to another person, such as in the context of extending the respect which is “due” to another person.
Arguably, the obligations that the BC legislation imposes are stricter because they suggest both overt acts and inattentiveness. It’s rare, however, that acts at the low level of the range of wrongfulness would be prosecuted because of the difficulty proving the offence beyond a reasonable doubt. How would a police officer know you were deeply distracted by thoughts of your high school crush rather than what’s going on around you on the road?
Like Careless Driving provisions in other jurisdictions, Driving Without Due Care involves a subjective assessment of the driver’s conduct, considering factors such as prevailing road conditions, traffic density, and the actions of other road users. There must be evidence to show the driver operated a motor vehicle in a manner that falls below the standard of care expected from a reasonable and prudent driver. It encompasses a range of behaviours that can potentially endanger other road users, property, or public safety. The law can’t govern your thoughts, however.
In one noteworthy case, a driver was convicted for violating s. 144(1)(a) for looking down to adjust his radio at a moment when traffic was slowing. His actions caused an accident in which someone died. In this case, the subjective view was that the driver was obligated to be paying attention at the crucial moment.
“Driving with Undue Care”
One funny thing about section 144(1)(a) is how often one hears it described as “driving with undue care.” It’s less common now, but even a few years back it was not unusual to have a judge ask if the plea was to “driving with undue care” which is really very funny. How could that be an offence? It suggests more care than is necessary for the circumstances, not less!
Or I’m reading too much into it. I’ve looked at these words so many times that my perspective has changed over the years.
The appeal courts tell us that we should look at the plain meanings of words in legislation and consider how the words have been interpreted in court decisions. And this can be puzzling which is why puzzled people contact me when they have been issued a Violation Ticket for Driving Without Due Care and Attention.
A heavy ticket
Whether you’re daydreaming behind the wheel, putting on a makeup masterpiece, or engaging in a wild karaoke session instead of keeping your eyes on the road, you might find yourself facing a ticket for driving without due care and attention. This comes with a hefty fine, six demerit points on your license, and your insurance premiums going up, up, and away.
If things really go haywire and someone gets hurt or worse, with the recent changes to the MVA, you might find yourself facing a stiff sentence from a judge.
The good news is that the success rate when disputing this charge is very good if you have an experienced driving lawyer at your side. Many police officers are puzzled about when they should ticket for this offence and as a result they turn to it as a catch-all for all sorts of driving behaviour, which is not the right approach in law.
If you’ve been issued a ticket for Drive Without Due Care, send me an email or give me a call.
