Motoring Offences | Drugs

Dangerous, Careless and Inconsiderate Driving Solicitors

Dangerous driving, careless driving and inconsiderate driving are criminal motoring offences. The appropriate charge depends on the standard of driving, the risk created, the surrounding circumstances and whether anyone was injured or killed.

If you have been stopped, interviewed, charged or summoned to court for a driving offence, obtaining legal advice promptly can help you understand the allegation, preserve evidence and prepare your response.

A conviction may result in penalty points, an unlimited fine, disqualification, increased insurance costs and, for dangerous driving or an injury-related offence, imprisonment.

Dangerous Driving

What Is Dangerous Driving?

Driving is dangerous where:

• the standard of driving 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 may also commit dangerous driving by using a vehicle in a dangerous condition where it would be obvious that the condition of the vehicle creates a danger of injury or serious property damage.

Examples of Dangerous Driving

Conduct that may amount to dangerous driving includes:

• racing or competitive driving on a public road;
• driving at grossly excessive speed;
• aggressive driving or road rage;
• dangerous overtaking;
• deliberately ignoring traffic lights or road signs;
• driving while seriously distracted by a telephone or other device;
• driving while substantially impaired by alcohol or drugs;
• driving when dangerously tired or medically unfit;
• evading the police; or
• driving a vehicle with a serious known defect.

A single incident can amount to dangerous driving. The prosecution does not have to prove a prolonged course of bad driving.

Penalties for Dangerous Driving

Ordinary dangerous driving carries a maximum sentence of:

• two years’ imprisonment;
• an unlimited fine; and
• obligatory disqualification.

The driver will normally also be required to pass an extended driving test before obtaining a full licence again.

If the court exceptionally decides not to disqualify the driver, between three and 11 penalty points must normally be imposed.

Causing Death or Serious Injury

Separate offences apply where dangerous driving causes death or serious injury.

Causing death by dangerous driving carries a maximum sentence of life imprisonment. Causing serious injury by dangerous driving carries a maximum sentence of five years' imprisonment.

These cases are dealt with seriously and require immediate specialist legal advice.

Careless Driving

What Is Careless Driving?

Careless driving is also known as driving without due care and attention.

The offence is committed where the standard of driving falls below what would be expected of a competent and careful driver.

The legal threshold is lower than for dangerous driving. Dangerous driving must fall far below the required standard, whereas careless driving need only fall below it.

Examples of Careless Driving

Examples may include:

• failing to look properly before turning or emerging from a junction;
• poor lane discipline;
• driving too close to another vehicle;
• brief distraction by a telephone, navigation system or passenger;
• misjudging the speed or distance of another road user;
• failing to notice a cyclist, pedestrian or motorcyclist;
• turning or changing lanes without adequate observation; or
• losing control through a lapse in concentration.

The fact that a collision occurred does not automatically prove careless driving. The prosecution must establish that the driving fell below the required standard.

Inconsiderate Driving

What Is Inconsiderate Driving?

Inconsiderate driving involves driving without reasonable consideration for other people using the road or public place.

Unlike careless driving, the prosecution must normally show that the manner of driving actually inconvenienced another person.

Examples may include:

• deliberately splashing pedestrians;
• unnecessarily blocking another vehicle;
• misusing lanes or queue jumping;
• failing to dip headlights;
• remaining unnecessarily in an overtaking lane;
• driving unnecessarily slowly and obstructing traffic; or
• using a vehicle in a way that unreasonably inconveniences other road users.

Penalties for Careless or Inconsiderate Driving

Careless or inconsiderate driving can result in:

• between three and nine penalty points;
• an unlimited fine; and
• discretionary disqualification.

Ordinary careless driving does not itself carry a prison sentence. However, separate offences carrying imprisonment may apply where careless driving causes death or serious injury.

Causing Serious Injury by Careless Driving

Causing serious injury by careless or inconsiderate driving is a separate offence carrying a maximum sentence of two years' imprisonment.

A conviction normally results in disqualification for at least 12 months and an extended driving test.

Causing Death by Careless Driving

Causing death by careless or inconsiderate driving carries a maximum sentence of five years' imprisonment.

More severe penalties apply where death is caused by careless driving while the driver is under the influence of drink or drugs.

Fixed Penalty, Course or Court Proceedings

Some lower-level careless-driving allegations may be dealt with by:

• a driver improvement course;
• a fixed penalty of £100 and three penalty points; or
• court proceedings.

Whether a course or fixed penalty is offered depends on the circumstances and the policy of the relevant police force. A driver has no automatic right to receive either option.

Dangerous driving must be dealt with through the courts.

Notice of Intended Prosecution

A Notice of Intended Prosecution may be required for some careless or dangerous-driving allegations.

Where the driver was not warned at the time, the first notice must generally be served on the registered keeper within 14 days of the alleged offence, subject to statutory exceptions.

A notice requiring the identification of the driver is separate. It normally requires a response within 28 days.

Failing to provide driver information can result in a separate prosecution, six penalty points and a substantial fine.

What Evidence Will Be Considered?

The police, prosecution and court may consider:

• dashcam, CCTV or mobile-phone footage;
• police observations;
• witness statements;
• vehicle data;
• telephone records;
• speed and collision evidence;
• road layout and signage;
• traffic and weather conditions;
• the mechanical condition of the vehicle;
• medical or toxicology evidence; and
• the driver’s conduct before and after the incident.

Footage and electronic information should be preserved promptly because it may be deleted or overwritten.

Possible Defences

The available defence will depend on the allegation and evidence.

Issues may include:

• whether the defendant was driving;
• whether the driving fell below or far below the required standard;
• whether witness evidence is reliable;
• whether video footage has been interpreted correctly;
• whether a sudden mechanical failure occurred;
• whether the driver faced a genuine emergency;
• whether medical incapacity was foreseeable; or
• whether the alleged driving caused the injury or death.

A solicitor can also examine whether the prosecution has charged dangerous driving where the evidence supports only careless driving.

Special Reasons and Exceptional Hardship

Special reasons and exceptional hardship are different legal arguments.

A special reason relates to the circumstances of the offence and may allow the court to avoid or reduce an otherwise obligatory disqualification.

Exceptional hardship usually arises where a driver reaches 12 or more penalty points and faces a disqualification under the totting-up rules.

Loss of employment alone is not necessarily sufficient. The court will consider the full consequences, particularly hardship caused to other people.

What to Do if You Are Accused

If you are accused of dangerous, careless or inconsiderate driving:

• write down what happened while events remain fresh;
• record the date, time, location, weather and traffic conditions;
• preserve dashcam footage and photographs;
• retain repair and maintenance records;
• identify possible witnesses;
• keep all police and court correspondence;
• do not ignore a request for driver information; and
• obtain legal advice before attending an interview or entering a plea.

A solicitor can advise whether the allegation is properly charged, whether a defence is available, what mitigation should be presented and whether disqualification may be avoided or reduced.

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Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. This page contains general information about motoring law in England and Wales. Different rules and penalties may apply in Scotland and Northern Ireland, and the outcome of each case will depend on its facts.