Nearly all of us have been there: a momentary lapse in concentration whilst behind the wheel, and before you know it, an unsafe situation has emerged. Nine times out of ten, nothing comes of it, but there is always that one occasion where you find yourself involved in an accident or you see those ominous blue lights flashing behind you. If you have found yourself on the wrong side of the traffic police, you may be wondering how serious the offence is that you are facing and the punishment that you could face if you are convicted. You may also be wondering whether it is worth challenging the fixed penalty notice you have been handed by the police. Both careless driving and dangerous driving are criminal offences, but the penalties that you could face if convicted are very different. Careless driving relates to poor driving that could or has endangered other road users. Meanwhile, dangerous driving covers activities that are blatantly reckless and unsafe. Read on to understand more about these two offences.
The offence of dangerous driving is established by Section 2A of the Road Traffic Act 1988. This states that driving is dangerous where it:
The law says that dangerousness relates to either injury to any person, or serious damage to property. When assessing whether a driver’s conduct was dangerous the court will look both at circumstances the driver could have been expected to be aware of, as well as those within his or her knowledge. These circumstances will include an assessment of the state of the vehicle and anything attached to it or carried within it.
According to the CPS, the following activities amount to dangerous driving:
Careless driving is an offence under Section 3 of the Road Traffic Act 1988. It is defined as driving ‘without due care and attention, or without reasonable consideration for other persons using the road or place.’
When assessing whether a person is guilty of this offence, the court is obliged to consider whether the defendant’s driving has fallen below the standard of a careful and competent driver. This is an objective test. CPS guidance provides the following examples of careless driving:
According to the AA, wheel spins, handbrake turns, and eating or drinking at the wheel can also amount to careless driving.
As you can see, there is some overlap in the types of activities that could be considered careless or dangerous. Whether an activity is careless or dangerous depends on the mindset of the driver, as well as the impact of the activity on other road users.
For example, a driver who becomes distracted by lighting a cigarette and bumps into the bumper of the car in front but without causing any serious damage would probably be charged with careless driving. Meanwhile, if you lit a cigarette whilst travelling at 70 miles per hour on the motorway, leading to a crash that caused a major pile up, then you would be charged with dangerous driving.
Driving whilst using a mobile phone can be careless or dangerous driving. However, it is also a separate offence on its own. It is illegal to hold your phone, satellite navigation system, or tablet whilst driving a car or motorbike. This applies even if the device is offline. You are still considered to be driving if you are stopped at traffic lights, queuing in traffic, supervising a learner driver, or driving a vehicle which turns its engines off when you stop moving.
There are exceptions to this if you need to make an emergency call and it’s unsafe or impractical to stop; if you’re safely parked; or if you are making a contactless payment in a vehicle that is not moving such as a drive-through restaurant. You can use your device handsfree, but you could still be committing an offence if it causes you to drive carelessly or dangerously.
If you are convicted of careless driving, you will receive 3 points on your licence. You can receive an ‘on the spot’ penalty of the points on your licence, plus a £100 fine known as a ‘fixed penalty notice’. Drivers may also be offered the opportunity to undergo remedial training.
If you believe that you were penalised unfairly, you can challenge a fixed penalty notice by requesting a court hearing. If the court finds that your driving was careless, you could receive a much heftier fine. As such, it is usually only worth challenging a careless driving fixed penalty notice where you are fairly confident that the court will dismiss the charge against you. If you are unsure, speak to a criminal defence solicitor for advice tailored to the facts of your case.
There is no specific offence of reckless driving in English law. Reckless driving could be categorised as careless or reckless, depending on the severity of the conduct.
In addition to the offences of careless and dangerous driving, there are separate offences of ‘causing death by careless driving’ and ‘causing death by dangerous driving’. The table below shows the different dangerous and careless driving offences, and the penalties that you could face if you are convicted.
Offence | Penalty |
Careless driving | If dealt with by way of fixed penalty notice:
Three penalty points A fine of £100 If the case goes to court, the court could impose a more severe penalty |
Dangerous driving | Custodial sentence: up to 5 years
An unlimited fine Or both Disqualified for a minimum of 1 year |
Driving using a mobile phone | 6 Penalty points
£200 Fine You could also lose your licence if you have passed your test in the last 2 years |
Causing death by careless driving | Custodial sentence: up to 5 years
Disqualified for a minimum of 1 year |
Causing death by dangerous driving | Custodial sentence: 1 – 14 years
In some circumstances, you could receive a life sentence Disqualified for a minimum of two years |
Causing death by dangerous driving when under the influence of alcohol or drugs | Custodial sentence: 1 – 14 years
In some circumstances, you could receive a life sentence An unlimited fine Or both Disqualified for a minimum of two years |
Causing serious injury when driving dangerously | Custodial sentence: up to 5 years
Disqualified for a minimum of two years
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As you can see, the penalties for careless and dangerous driving offences vary hugely depending on the circumstances. Speak to a criminal defence solicitor for advice on the likely sentence in your case.
If you have been accused of a careless or dangerous driving offence, make sure that you instruct a criminal defence solicitor who will take your case on with focus and motivation. At Stuart Miller Solicitors, we have successfully defended thousands of clients on careless and dangerous driving charges. Whether you are facing a trial for a minor infringement or a serious accident, contact us for a no obligation consultation today.
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