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There are three offences which have as its main element that of careless driving. The table below details those offences and the range of sentences that a court can impose.
Normally to secure a conviction the prosecution has to prove that the driver drove on a road or other public place "without due care and attention, or without reasonable consideration for other persons using the road or place". The standard of driving is the only real issue and this has to be judged against the standard to be expected from a "competent and careful driver".
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The Highway Code can and is used as a guide to acceptable driving behaviour but failure to comply with the code will not automatically lead to a conviction [s38(7) Road Traffic Act 1988].
Careless or Inconsiderate Driving
To secure a conviction for careless driving the prosecution has to prove that the driver "departed from the standard of a reasonably prudent and competent driver in all the circumstances of the case". The age, experience or physical or mental health of the driver is irrelevant as are his or her views on what happened. Similarly the prosecution does not need to establish that the driver was guilty of a deliberate act or error of judgement. Each case depends on its own facts.
To secure a conviction for driving "without reasonable consideration" the prosecution also has to establish that an actual road user has been inconvenienced.
[s3 Road Traffic Act 1988]
Causing Death By Careless or Inconsiderate Driving
To convict a driver the prosecution has to establish the underlying offence of careless driving and establish that this caused the death of another person.
[s2B Road Traffic Act 1988]
Causing Death By Careless Driving when under the Influence
To convict a driver the prosecution has to establish the underlying offence of careless driving and establish that he caused the death of another person when:
• at the time when he is driving, he was unfit to drive through drink or drugs, or
• he had consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceed the prescribed limit, or
• he has, within 18 hours after that time, required to provide a specimen in pursuance of s.7 Road Traffic Act 1988 but without reasonable excuse fails to provide it.
[s3A Road Traffic Act 1988]
|
Offence |
Courts |
Section |
Imprisonment |
Fine |
Disqualification |
Penalty Points |
|
Careless or Inconsiderate Driving |
Magistrates |
s.3 |
- |
£5,000 |
Discretionary |
3 - 9 |
|
Causing Death by Careless or inconsiderate Driving |
Magistrates |
s.2B |
6 months |
£5,000 |
Mandatory |
3 - 11 |
|
Crown Court |
5 years |
Unlimited |
Mandatory |
3 - 11 |
|
Causing Death by Careless Driving when under the influence |
Crown Court |
s.3A |
14 years |
Unlimited |
Mandatory
(Minimum 2 years) |
3 - 11 |
The comments above are general and should not be taken as a definitive statement of the law or procedure. Expert advice should always be sought on this area. We have not attempted to cover all the factors that may be relevant where an offence is alleged to have been committed.
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