Careless and Dangerous Driving
These are offences which are rapidly becoming more serious, with the introduction of causing death and serious injury. This can lead to a period of imprisonment and a lengthy disqualification.
A charge for careless or dangerous driving can begin at the roadside or alternatively by means of a Notice of Intended Prosecution.
Time Limits
The 14 day time limit for a Notice of Intended Prosecution to be served on the registered keeper still applies unless there has been an accident or a collision. If the Prosecution fail to comply with the time limit, that will often mean that the charge cannot be brought.
The charge of Careless Driving is what is known as 'summary only', this means that the charge or summons must be laid at the Magistrates Court within 6 months of the date of the offence. The other charges in this section are either way or indictable only, as such the time limit does not apply.
Careless Driving
An offence of driving without due care and attention (careless driving) under section 3 of the Road Traffic Act 1988 will be committed when the defendant's driving falls below the standard expected of a competent and careful driver. This was set out in Section 3ZA(2) of the Road Traffic Act 1988.
This can include where a driver over-takes inappropriately, drives incorrectly or causes a collision with other road users.
The maximum sentence for Careless Driving is an unlimited fine. If it is a particularly serious offence, then the Court is required to consider disqualifying the driver.
Dangerous Driving
According to Section 2 of the Road Traffic Act 1988, an offence of Dangerous Driving will be committed when the standard of driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous.
This primarily includes driving which clearly creates a risk of danger such as driving at extreme speed or driving whilst dangerously distracted.
The maximum sentence for Dangerous Driving is far higher than for Careless Driving, the maximum sentence is two years imprisonment. There is a mandatory disqualification of at least 12 months and the Court must order an extended re-test where someone is convicted of Dangerous Driving.
Causing Serious Injury by Dangerous or Careless Driving
These are relatively new offences and provide for much greater sentencing powers where another individual is caused serious injury as a result of the standard of driving. Serious Injury means an injury which is "really serious harm" as per the definition contained in the Offences Against the Person Act.
This is likely to attract a custodial sentence but will often be capable of being suspended in line with the overarching sentencing guidelines on the imposition of community and custodial penalties.
The maximum sentence differs as to the standard of driving, if it is dangerous then the maximum sentence is 5 years whereas for careless driving the maximum sentence is 2 years imprisonment.
Causing Death by Dangerous or Careless Driving
This offence, as is plain, occurs where a death is caused as a result of the driving being dangerous or careless. As with causing serious injury, the prosecution must prove that the standard of driving was a causative factor of the injury.
The maximum sentence for these offences is substantial. For dangerous driving the maximum sentence is 14 years, for careless driving it is 5 years.
Both Causing Serious Injury and Causing Death will attract a mandatory disqualification upon conviction and likely an interim disqualification.
