Careless and dangerous driving

[thedupleman]

Careless and dangerous driving are both serious motoring offences. There are major differences between both of these offences, and depending on the severity of the offence both can result in Disqualification.

Differences between Careless and Dangerous Driving
Careless driving is driving that falls below the standard required and expected of a competent driver. In most cases the driver may not even realise they are driving carelessly and not paying due care and attention to other road users. Dangerous driving is one of the most serious driving offences and will usually come with a much more severe sentence than careless driving. A dangerous driver would show levels of competency far below that expected of a careful driver. Causing death by dangerous driving would be the most serious offence and will generally always result in a prison sentence.

Common Examples of Careless Driving
Although careless driving may not actually be obvious to the driver it will usually be obvious to other motorists and the police. Examples of careless driving can include colliding with a stationary car, attempting a U-turn on a busy road and turning right without giving way to another vehicle. The act of careless driving will usually be accompanied by another offence such as speeding. The offence of careless driving can be committed on public roads as well as public places such as a car park.

Fines and Sentences for Careless Driving
Careless driving will usually result in between three to nine Penalty Points. Disqualifications and fines can also be applied depending on the seriousness of the offence and the driver’s history and previous penalty points. Failing to stop and report if an accident was the result of careless driving is a serious motoring offence. Failing to Stop and Report can result in five to ten penalty points, disqualification, and a fine. Failing to Stop and Report after an accident can be a serious enough offence to warrant a prison sentence.

Common Examples of Dangerous Driving
Dangerous driving is a very serious offence and the term can cover many different situations. Common examples of dangerous driving will include driving too fast on a busy road, driving on the wrong side of the road, driving with Faulty Brakes and driving with unsecured loads. If the police are charging that the driver’s vehicle is in a dangerous condition then they must prove that the driver was aware of this. This can also be proven if the dangerous condition of the vehicle would have been apparent to a competent driver.

Fines and Sentences for Dangerous Driving
There are a number of different scenarios that will determine the sentences applied to a motorist found guilty of dangerous driving. But if found guilty the following sentences may be applied:

Disqualified for a year
A fine of up to £5000 or a six months prison sentence
Three to eleven penalty points
The offender may be required to retake the driving test
Serious offences may result in a prison sentence of up to two years or an unlimited fine
Sentences of community service may also be applied in England and Wales
These sentences, fines and penalty points may be reduced if there are special reasons or mitigating factors

Serious Dangerous Driving Offences
Although dangerous driving itself is a serious offence there may be other circumstances that would make the court consider the offence more serious. These circumstances can include that the driver was under the influence of drugs and alcohol, and/or the driver was racing at excessive speeds. Previous motoring offences such as a history of bad driving or previous convictions for drink driving will also be viewed seriously by the courts. If the driver does show serious remorse, has a clean driving licence and pleads guilty to the offence the court may be more lenient.
Motoring offences such as careless, reckless and dangerous driving are taken very seriously by the police and the courts. These offences place other drivers and members of the public at risk. Dangerous driving is a serious offence that can be dealt with by the Crown Court rather than a Magistrates Court. Any motorist who has been charged with any of these offences should seek legal representation and advice from a solicitor or lawyer.

Certain motoring offences such as drink driving or causing death by dangerous driving will result in a driving disqualification. But for some offences there may be certain factors that can be used to reduce or avoid a driving ban.

Can I Avoid Disqualification With Maximum Penalty Points?
In most cases, having 12 penalty points on a licence will mean a driving disqualification. The 12 Penalty Points must have been accumulated during a three year period and the likely ban period will be six months. The courts will usually give motorists facing a penalty points ban the chance to plead for their licence. If the defendant can show special circumstances when pleading for their licence a ban might be avoided or reduced.

What Hardship Pleas Will Help Reduce a Sentence?
Courts do have discretionary power over whether or not to enforce a Driving Disqualification. Extreme hardship may be pleaded by the defendant, and if the court accepts this circumstance then a disqualification may be avoided. Extreme hardship generally means that the result of a disqualification will mean extreme hardship for the defendant. This could mean loss of employment if banned, although loss of employment in itself may not be enough to avoid a driving ban.

Can I Plead Mitigating Circumstances?
A defendant who has pled guilty to a motoring offence can plead mitigating circumstances. Mitigating circumstances are used as a defence in the hope that the court will apply leniency with the sentence. The mitigating circumstances will depend on the circumstances that occurred at the time the offence was committed and the type of motoring offence. For example in a drink driving situation it may be possible, if there was proof, that a drink had been spiked or laced without the defendant’s knowledge.

Can I Plead Special Reasons to Reduce the Sentence?
Special reasons is a term often confused with extreme hardship or mitigation but they are separate legal concepts. Special reasons can be seen as an excuse for why the offence occurred. Common special reasons are an emergency situation or being misled into committing the particular offence. If the court accepts the special reason it may then reduce the disqualification length or decide not to impose a ban.

Can A Drink Driving Disqualification Be Reduced?
In certain circumstance a person convicted of a Drink Driving offence may be able to reduce the disqualification length. This may happen if the defendant agrees to take part in a drink drive rehabilitation scheme. Once the offender has been convicted a solicitor can inform the court that the defendant has agreed to take part in the rehabilitation scheme. It will then be up to the court to decide whether or not the offender will be suitable for the scheme.

How Much Time Will Be Reduced With This Scheme?
Drink driving rehabilitation schemes may be able to reduce a disqualification sentence by around 25%. An offender who has been disqualified for a year may have the disqualification period reduced to nine months. Places on these schemes are not guaranteed. The schemes are usually available to anyone over the age of 17 but it will be up to the courts to decide who is suitable for these rehabilitation schemes.

Can I Have A Driving Disqualification Removed?
It may be possible after a period of time to apply to have a disqualification removed. Motorists who have been disqualified for two years or more can apply to the magistrate’s court. The court may decide to review the offender’s character and their conduct since the disqualification was applied. The decision to remove the ban will also be dependant on the reason why the ban was originally placed.

Will a Solicitor Be Necessary to Reduce a Disqualification?
In most cases having a solicitor when facing a court appearance over a motoring offence will be the wise move. Legal professionals will be able to guide the defendant through the entire process. They will also be able to advise on the options available to the defendant and the best defence to use to help reduce a sentence. Anyone who is appearing in court over a motoring offence should seek legal advice at the earliest opportunity.