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Dangerous Driving & Careless Driving Lawyers

Solicitors for Dangerous Driving and Careless Driving Offences

 

At Clifford Johnston & Co we have a wealth of experience defending all types of road traffic offences, including dangerous driving and careless driving. We have road traffic offence experts on hand who have the expertise and skill to help you.

For the best chance of a successful outcome, contact us today and speak to one of our motoring lawyers for Driving Offences.

Dangerous driving

An allegation of dangerous driving is the most serious non-fatal road traffic offence.

The Road Traffic Act 1988 states that a person is to be regarded as driving dangerously if the way they drive falls far below what would be expected 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.

A person is also to be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

Examples of Dangerous Driving includes:

  • Driving aggressively, overtaking in a dangerous place, driving too fast and racing other vehicles.
  • Ignoring road signs and signals including traffic lights.
  • Driving whilst unfit, which can include impaired eyesight, injury and drowsiness.
  • Driving a vehicle in the knowledge that it has a fault or is unsafe including hazardous loads
  • In certain circumstances, speed alone can amount to a dangerous driving offence if the speed is high enough.
  • Driving under the influence of drink or drugs, including prescription drugs

The Court can impose a sentence of up to 2 years imprisonment for the offence of dangerous driving as well as a lengthy disqualification. A driver convicted of dangerous driving will also have to sit an extended re-test before they can drive again. Cases involving prolonged bad driving involving deliberate disregard for the safety of others and/or incidents involving excessive speed or showing off, especially on busy roads or in built-up area, will usually be sent to the Crown Court to be dealt with.

Careless or Inconsiderate Driving

A person commits an offence of careless or inconsiderate driving if they drive a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.

A person is to be regarded as driving without due care and attention if (and only if) the way they drive falls below what would be expected of a competent and careful driver.

Examples of careless or inconsiderate driving include:

  • Excessive speed or aggressive driving
  • Failing to look properly
  • Sudden braking
  • Tailgating
  • Having your attention diverted by a distraction inside the car, for example, using a mobile phone
  • Carrying out other tasks while driving
  • Tiredness or driving whilst unwell
  • Driving contrary to medical advice (including written advice from the drug manufacturer not to drive when taking any medicine)
  • Driving too close to another vehicle
  • Failing to stop at a red light
  • Driving into another vehicle or object

Careless and inconsiderate driving offences incur less severe penalties than that of dangerous driving. The maximum sentence for this offence is an unlimited fine. The Court must if they do not impose a disqualification, impose between 3 – 9 penalty points.

Sentences towards the top of the range will be imposed if the offence involves injury to others, damage to other vehicles or property and/or where there is a high level of traffic or pedestrians in the vicinity.

Fatal Driving Offence Solicitors

Driving offences that result in a fatality are the most serious and dealt with by the Crown Court.

Anyone causing a fatality on the road can be charged with one of the following:

  • Causing death by dangerous driving
  • Causing death by careless driving
  • Causing death by careless driving while under the influence of alcohol or drugs
  • Causing death while driving insured, unlicensed, disqualified or uninsured

The main factor that varies between these offences is how much the offender is to blame.

For dangerous driving, the standard of the offender’s driving must be so bad as to have created an obvious risk of danger.

In cases of careless driving, the level of blame can vary significantly from being on the borderline of dangerous driving to as little as misjudging the speed of another vehicle or momentary inattention while tuning a car radio.

Where the driver is under the influence of drink or drugs this further increases the level of blame.

Causing death by dangerous driving and causing death by careless driving while under the influence of alcohol or drugs are the most serious driving offences which can attract up to 14 years’ imprisonment. A minimum disqualification of 2 years, with a compulsory extended re-test, will also be imposed upon conviction for these offences.

The maximum prison sentence that a court can impose for causing death by careless or inconsiderate driving is five years imprisonment with a minimum disqualification of 12 months.

The maximum sentence for causing death by driving whilst unlicensed, disqualified or uninsured is 2 years imprisonment with a minimum disqualification of 12 months. The maximum sentence is reserved for rare cases where blame is exceptionally high.

For more detailed information about the penalty you can expect to receive, speak to one of driving offence solicitors today.

Best Driving Offence Solicitors Manchester and Stockport

Technical knowledge and understanding is fundamental in this specialist area of law. Our highly skilled solicitors for dangerous driving and careless driving offices are accomplished professionals who can effectively defend allegations of this nature.

Our motoring offence lawyers can assist you through the entire process, from your arrest through to Court proceedings.

We regularly help clients avoid disqualification and/or prosecution. We are known for providing exceptional defence and mitigation services across all areas of motoring law.

From the moment of your arrest, we can offer you legal advice, support, guidance as well as representation in interviews conducted by the police. We will look at the specific circumstances and complexities surrounding your case, we will thoroughly examine all the evidence against you and then prepare a robust and comprehensive defence with the aim of securing a successful outcome.

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By working with Clifford Johnston & Co you are guaranteed a team of skilled, legal professionals who are recognised as experts in their field.

For affordable and cost-effective legal advice in Stockport, Manchester and across the United Kingdom, contact our motoring law experts today.

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