Dangerous Driving and Careless Driving

Dangerous Driving

Dangerous driving arises if:

• a motorists driving falls far below the standard of a competent and careful driver; and
• it would be obvious to a competent and careful driver that driving in that way would be dangerous

Both the offences of dangerous driving and causing death by dangerous driving will attract automatic driving disqualification and there is also a substantial risk of imprisonment.

The Prosecution have to prove the case beyond any reasonable doubt and each case will depend on the facts. It is crucial that you have an expert legal team who attend Court on a regular basis as the best preparation and cross-examination can make the difference between being convicted or acquitted of the dangerous driving or death by dangerous driving offence.
Examples of dangerous driving offences are:

• overtaking dangerously
• deliberately ignoring red traffic lights, road signs or traffic markings
• going the wrong way on a roundabout
• driving on the pavement
• driving aggressively

The Prosecution often rely on accident investigators or expert witnesses in a dangerous driving case. At Cunninghams our team of solicitors and barristers have many years of experience in defending such dangerous driving cases and we have access to a network of expert witnesses to rebut the evidence of the Prosecution. Examples include instructing road accident consultants who can prepare reconstruction reports and comment on the Prosecution evidence to try and establish doubt in respect of the Prosecution case.

A distinction between dangerous driving offences and careless driving offences is that dangerous driving refers to a danger either of personal injury or of serious damage to property. At Cunninghams we will fight a dangerous driving prosecution and, even if a motorist is found to be at fault, we will advance arguments in relation to emergency situations (see saving your licence) or there could be a complete defence of duress (see saving your licence). We can also try to persuade the prosecution to accept the lesser charge of careless driving.

Punishment of Dangerous Driving

The punishment of a dangerous driving offence is between three to eleven penalty points on your driving licence and an obligatory driving disqualification for a minimum period of one year. If convicted, this can result in a prison sentence of up to two years. It will also be necessary to take an extended retest before you can drive again.

Cunninghams are experts in handling dangerous driving alleged offences. If appropriate, we will rigorously defend the quality of your driving and present any mitigating circumstances, which may help you avoid punishment or reduce the severity of the dangerous driving punishment.

Careless Driving

Careless driving or driving without due care and attention is defined as any driving which falls below the standard of a reasonable and prudent driver.

It is important that you get solid and good advice at the outset.

Examples of careless driving could include failing to stop in time because you were changing a CD, lighting a cigarette, reading a map at the time you were driving or failing to give way. A mere momentary lapse in concentration can amount to driving without due care and attention.

Inconsiderate Driving is similar to a careless driving offence but slightly different as this relates to road traffic behaviour that has inconvenienced other drivers such as tailgating, flashing your headlights or generally intimidating another driver.

The Prosecution often rely on accident investigators or expert witnesses in a careless driving case. At Cunninghams our team of solicitors and barristers have many years of experience in defending such care less driving cases and we have access to a network of expert witnesses to rebut the evidence of the Prosecution. Examples include instructing road accident consultants who can prepare reconstruction reports and comment on the Prosecution evidence to try and establish doubt in respect of the Prosecution case.

Punishment of Careless Driving

Driving without due care and attention is a lesser charge than dangerous driving and comes with a punishment of three to nine penalty points, discretionary driving disqualification and a fine of up to £2500. Obviously, this will affect your insurance premium if you are convicted.

At Cunninghams our strong legal team will present the best possible mitigation in your circumstances if you are convicted of a careless driving offence to try and reduce the severity of the punishment.

Death by Dangerous Driving

Death by dangerous driving is a very serious offence, which often results in lengthy prison sentences. It can only be dealt with in the Crown Court and high quality legal representation is crucial.

The Prosecution often rely on accident investigators or expert witnesses in a death by dangerous driving case. At Cunninghams our team of solicitors and barristers have many years of experience in defending such death by dangerous driving cases and we have access to a network of expert witnesses to rebut the evidence of the Prosecution. Examples include instructing road accident consultants who can prepare reconstruction reports and comment on the Prosecution evidence to try and establish doubt in respect of the Prosecution case.

Punishment for Causing Death by Dangerous Driving

Three to eleven penalty points and driving disqualification for a minimum of two years and up to fourteen years imprisonment. Again, anyone convicted of causing death by dangerous driving must take a retest before they will be permitted to drive again.

Death by Careless Driving

Recently, the government has drafted new legislation, which includes a new charge of causing death by careless driving. Effectively any death that arises as a consequence of a road traffic accident could attract this new offence. This is not in force yet.

Punishment for Causing Death by Careless Driving

The punishment for causing death by careless driving will range from a community order to an imprisonable offence of up to three years.

Recent Cases

Failing to furnish information and driving without due care and attention

Proceedings discontinued in driving without due care and attention

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