A Guide to Careless Driving Offences in Singapore: Defence and Mitigation

In 2024, the total number of traffic accidents increased compared to 2023. According to a Road Traffic Situation Report by the Singapore Police Force, the number of traffic accidents resulting in injuries increased from 6,949 cases in 2023 to 7,049 cases in 2024 and the number of traffic accidents resulting in fatalities increased from 131 cases in 2023 to 139 cases in 2024.

A number of these accidents are a result of careless driving.

In Singapore, careless driving offences fall under the provision of Section 65 of the Road Traffic Act (RTA). Specifically, this category of offences is referred to as ‘Driving without due care and attention or reasonable consideration within the RTA.

In short, Section 65 of the RTA targets “careless”, not deliberately “dangerous” driving, which falls under Section 64 of the RTA instead.

Section 65 of the RTA comprises a number of sub-sections, the first of which sets out the main elements.

Driving without due care and attention or reasonable consideration

65.—(1) A person must not drive a motor vehicle on a road —

(a) without due care and attention; or

(b) without reasonable consideration for other persons using the road.

Unfortunately, it’s a real possibility for most ordinary Singaporeans who drive to face a careless driving charge. Unlike other criminal offences, where intention or knowledge is usually required for conviction, careless driving offences are strict liability offences in Singapore.

Many motorists underestimate the seriousness of careless driving offences in Singapore. Careless driving offences are one of the more common RTA offences in Singapore and even though a large number of mild situations can be resolved with a warning or fine, it is very common for custodial sentences to be meted out as well.

Examples of Scenarios of Careless Driving in Singapore

1. Changing lanes without checking your blind spot;

2. Hitting the car in front of you while texting on your mobile phone;

3. Causing an accident at a pedestrian crossing when you don’t slow down enough.

4. Veering into a road divider while under the influence of alcohol.

What are your options if you receive a charge or charges under Section 65 RTA?

Generally, when someone is charged solely with a careless driving charge under Section 65 RTA, the two main options available would be to:

1. Dispute the charge(s).

In trying to secure an acquittal against a careless driving charge, the focus will generally be on convincing the Court that the prosecution has not proven beyond a reasonable doubt that the accused party drove without due care and attention; or drove without reasonable consideration for other persons using the road.

In Singapore, the Court will look at the standard of care required of a driver in Singapore when assessing whether an accused person should be convicted.

The standard of care in Singapore is that of “a reasonable and prudent driver”. In Public Prosecutor v Tubbs Julia Elizabeth [2001] 2 SLR(R) 716, the Court noted that “[t]he standard of care expected of a reasonable and prudent driver is not determined in a vacuum, but in accordance with the type of road and prevailing traffic conditions.”

The type of road and prevailing traffic conditions can vary widely, and what is reasonable and prudent to do in one situation may not be considered reasonable in other situations. For example, in a housing estate car park, it is likely that there would be people walking more indiscriminately whereas this would not be so likely on an expressway. The level of care one would need to take in driving would differ substantially in these two situations.

There are many common fact patterns that lead to charges of careless driving, such as tailgating, not paying attention at signalized road junctions, making lane changes without checking blind spots, etc.

Many times, there is a fairly clear case of careless driving. In such scenarios, it may make sense to consider pleading guilty early and to try and get a sentencing discount in accordance with the Guidelines on Reductions in Sentences for Guilty Pleas, which will be discussed in detail further below.

However, there are situations which may not be so clear cut. Here are some hypothetical examples:

1. A driver drives his vehicle below the speed limit in a downpour at night. Vision is slightly blurry. The driver has the right of way as he approaches a traffic light but a pedestrian dashes across the road even though he does not have the right of way. The driver hits the pedestrian and the pedestrian passes away.

2. A driver’s view is blocked by a large obstruction on the road. As he changes lane to avoid the obstruction, he knocks into another vehicle to the side of the obstruction and the passengers in the vehicle are injured. The driver claims that the obstruction obscured his view of the other vehicle completely.

Such situations can be tricky and it may be necessary to obtain expert evidence to possibly reconstruct the events leading up to the accident. Experts can also testify as to the perception and reaction time of a driver in different circumstances.

The standard of care in relation to a careless driving case depends heavily on the specific facts of each individual case and we strongly suggest getting legal advice if you are contemplating claiming trial against a careless driving charge.

2. Plead Guilty to the Charge(s)

While not necessarily the best scenario in all cases, there are some advantages in pleading guilty to your charge(s).

Courts in Singapore tend to look favourably on motorists who accept responsibility early. Pleading guilty demonstrates remorse and that you acknowledge your mistake. You may get a sentencing discount in accordance with the Guidelines on Reductions in Sentences for Guilty Pleas as long as you plead guilty prior to the trial. The earlier you plead guilty, the higher the sentencing discount.

Generally, these guidelines provide for up to a 30% discount on sentence when you plead guilty at first instance.

Pleading guilty early also avoids the necessity of going through a lengthy, time-consuming trial which takes up judicial resources.

New Changes in the Law

The law has recently shifted in favour of giving judges more discretion and first-time offenders may face lighter penalties than before.

As of 12 June 2025, the Road Traffic (Miscellaneous Amendments) Act 2025 came into force. One of the more significant changes is that mandatory minimum sentences and disqualification periods have been removed for first-time offenders in both dangerous and careless driving cases that result in death or grievous hurt.

Previously, the prosecution also had to charge the exact outcome - grievous hurt versus hurt - based strictly on the victim’s injuries. Now, they can opt to charge under “hurt” even if the injuries legally meet the definition of “grievous hurt”, after looking into the circumstances of the case.

Courts can now tailor penalties to the specifics of each case, especially when blameworthiness is relatively low or other factors—like poor road conditions or shared fault—are involved.

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Whether you choose to dispute the charges or plead guilty, the consequences of careless driving can be serious. Always seek professional legal advice early to protect your rights and achieve the best outcome possible.

If you require assistance with careless driving charges or other matters under the Road Traffic Act, we can assist.

Just get in touch with us through our contact form below and we will follow up with you regarding your matter.

Alternatively, you may wish to get in touch by contacting us at: 6550 6359