Careless Driving
At Hi Solicitors, our experienced motoring offence solicitors are dedicated to representing clients accused of careless driving. If you believe you have grounds to contest the offence, have mitigating circumstances, or feel that a disqualification would excessively impact your life, seeking advice from a solicitor is crucial.
Many individuals facing such charges may feel compelled to accept the accusation and impending punishment, which can include a fine, three to nine points on their driving licence, and/or disqualification. However, it’s important to note that this is not always the only option.
With our extensive experience in handling driving cases, our team at Hi Solicitors possesses a profound understanding of motoring law and the various defences applicable to specific cases. Our proven processes has delivered positive results for our clients.
If you’ve been charged with careless driving, it’s essential to be aware of your rights and options. Seeking the guidance of a knowledgeable solicitor can significantly impact the outcome of your case.
To contact our team of careless driving solicitors and find out how we can help representant you, contact us for a free consultation on 01204 371414 or complete our online enquiry form, and we will get back to you as soon as possible.
What is careless driving?
Careless driving, as defined by the law, refers to operating a motor vehicle on a road or public place without due care and attention, or without reasonable consideration for others. This includes driving in a manner that falls below the expected standard of a competent or careful driver, causing inconvenience to others. Examples could include
- Using your mobile phone at the wheel
- Failing to indicate correctly when changing lanes
- Tailgating
- Sudden braking
What is dangerous driving?
Going beyond careless, the standard of driving must fall far below that of a careful and competent driver in order to amount to dangerous driving.
Examples would include;
- Overtaking in dangerous situations
- Racing or aggressive driving
- Driving whilst distracted
- Driving whilst fatigued or injured
- Ignoring traffic/road signs
Where the standard of driving becomes dangerous, the Crown will instead look to charge with the respective offence of causing serious injury by dangerous driving.
What is ‘serious injury’?
Section 2C(2) of the Road Traffic Act 1988 defines serious injury as physical harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. This encompasses a wide range of injuries, including broken bones, fractures, and psychological harm. However, minor injuries such as bumps and bruising would not be considered sufficient for an offence under this provision.
Causing death by careless driving?
If convicted of causing death by careless driving, the driver can face a range of penalties, including a prison sentence and a disqualification from driving. The maximum sentence for this offence is 5 years’ imprisonment, and the court may also impose a driving disqualification.
The actual penalty will depend on the specific circumstances of the case, including any aggravating factors. In some cases, the driver may receive between 3 to 11 points on their licence and be required to take a discretionary retest. The severity of the sentence will be influenced by factors such as the level of carelessness, presence of aggravating factors, and the impact of the driving behaviour, such as driving while distracted or at an excessive speed.
The court will consider the level of harm and culpability in determining the appropriate sentence. The starting point for the most serious offence of causing death by careless driving is lower than for causing death by dangerous driving, but the range still allows for longer sentences where the case is particularly serious.
What is the maximum prison sentence?
The maximum prison sentence for causing death by dangerous driving is 5 years, and the minimum disqualification is 2 years. However, for offences committed on or after 28 June 2022, the maximum sentence is life imprisonment, and the minimum disqualification is 5 years.
Causing death by careless driving carries a maximum sentence of 5 years’ imprisonment. If the offence was committed before 28 June 2022, the maximum penalty for causing death by careless driving while under the influence of drink or drugs is 14 years’ imprisonment, but if committed on or after 28 June 2022, the maximum penalty is imprisonment for life.
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