Motoring offences

Causing death by dangerous driving is a serious offence and has a high risk of imprisonment, if convicted.

Causing death by dangerous driving is an offence contrary to section 1 of the Road Traffic Act 1988. If you have been accused of causing death by dangerous driving it is important you obtain legal representation as soon as possible. Death by dangerous driving is undoubtedly the most serious road traffic offence and cases such as these will always be heard in the Crown Court and a jury will decide the outcome.

To convict someone of causing death by dangerous driving the prosecution must prove beyond reasonable doubt that the driving in question fell far below what would be expected of a competent and careful driver and that it would have been obvious to a competent and careful driver that driving in that way would be dangerous. They must also prove that the dangerous driving was the cause of the death. The defendant’s driving does not need to be the sole, primary or even significant cause of the death.

Sentences for death by dangerous driving

A person found guilty of causing death by dangerous driving faces a maximum term of imprisonment of 14 years and a minimum of two years disqualification. In our experience, a death by dangerous driving case can last up to two years from the date of the offence until the date of the trial.

Under section 2 of the Road Traffic Act 1988 it is an offence to drive dangerously. To be able to convict someone of dangerous driving the prosecution must show beyond reasonable doubt that the driving in question fell far below what would be expected of a competent and careful driver. It should be obvious to a competent and careful driver that driving in that way would be dangerous.

Examples of dangerous driving include:

• racing or competitive driving
• disregarding warnings from passengers
• driving when too tired to stay awake
• reading a newspaper or map whilst driving
• using a hand-held mobile phone or other hand-held electronic equipment whilst driving at speed
• aggressive driving

Dangerous driving penalties

In the magistrates court a dangerous driving offence carries a fine of up to £5,000 and/or six months imprisonment. In crown court, the maximum penalty for dangerous driving is two years imprisonment and/or an unlimited fine.

Whether the case is heard in the magistrates’ court or the crown court, the court must disqualify the defendant from driving for no less than a year and order an extended retest, unless “special reasons” are established for not disqualifying. This means that someone who is convicted of dangerous driving will not be able to return to driving until they have served a ban and successfully completed a more challenging version of the driving test.

A careless driving offence is committed when the defendant’s driving falls below the standard expected of a competent and careful driver.

Examples of careless driving include:

• overtaking on the inside
• driving inappropriately close to another vehicle
• emerging from a side road into the path of another vehicle
• inadvertently driving through a red light
• being inattentive to the road whilst tuning a radio
• being inattentive to the road whilst lighting a cigarette

For a section 3 Road Traffic Act 1988 offence the maximum penalty is a £5000 fine and the guideline fine is the equivalent to 125% – 175% of the relevant weekly income of the driver. The court must also either impose between 3 – 9 penalty points on your license or impose a ban from driving for any defined period.

Inconsiderate driving

Inconsiderate driving is a similar offence to careless driving. To convict someone of inconsiderate driving the prosecution must show, beyond reasonable doubt, that the individual concerned drove without reasonable consideration for other persons and have inconvenienced others by their driving.

Examples of inconsiderate driving include:

• flashing of lights to force other drivers in front to give way
• misuse of an inappropriate lane to avoid queuing or gain some other advantage
• unnecessarily remaining in an overtaking lane
• unnecessarily slow driving or braking without good cause
• driving with un-dipped headlights which dazzle oncoming drivers

The maximum penalty is £5000 and the guideline fine is the equivalent to 125% – 175% of the relevant weekly income of the driver.

Speeding allegations have become a part of many drivers’ experience in recent years and those who drive for a living are most vulnerable. Receiving summons for a speeding offence can be detrimental for many, especially if it means that you risk losing your license.

Caught speeding?

Even the most careful of drivers are susceptible to incurring penalty points for speeding. The continued rise of the speed camera, average speed camera and hand held radar gun have resulted in more and more people receiving penalty points as a result of a speeding offence.

Speeding penalties

The courts can impose between three and six penalty points on your licence depending upon the seriousness of the offence. They can also, if they deem it appropriate, order a period of disqualification between 7-56 days. If you have received summons for a speeding offence you are also likely to be fined.

If you already have nine penalty points on your licence you will be summonsed to court if you are alleged to have exceeded the speed limit again. This is because the court will have to consider whether to disqualify you and if so for how long.

The minimum period of disqualification if you accumulate 12 penalty points within a three year period is six months. However, this can be increased to one year if you were previously disqualified for 56 days or more within the three years immediately prior to the date of the latest speeding offence.

Speeding offences, particularly where fixed cameras are involved, can be technically complex. We advise on the following:

• proper receipt of a “Notice to Owner” or a “Notice of Intended Prosecution
• taking reasonable steps to identify the driver
• “All reasonable steps” defences
• calibration and correct operation of fixed and mobile cameras
• challenging cases by use of expert evidence
• “Exceptional Hardship” arguments

Section 170 of the Road Traffic Act 1988 makes it an offence for a driver to fail to stop or to report an accident.

Sentencing for failing to stop or report an accident

If your car is involved in an accident you must stop at the scene and give your details to anyone with reasonable grounds for asking for them. If you do not stop then you must report the accident as soon as you can and in any case within 24 hours of the accident.

Failure to stop or report an accident is considered a serious motoring offence. The penalties for each offence include a maximum fine of £5,000 and 5 to 10 penalty points. The court also has the power to disqualify you from driving for either offence. The maximum sentence for this offence is six months imprisonment where there has been serious injury or evidence of dangerous or careless driving.

Driving a vehicle without insurance is a serious offence and if you are in this position, it is important to seek legal advice at the earliest stage.

Driving uninsured

It is compulsory for a vehicle to have at least third-party insurance in place if it is to be used on a road or other public place. You can also be liable for being uninsured if the car is parked in a public place or on a road without insurance or if you have given your car to an individual who is not covered under your insurance and is not insured themselves.

Penalties for driving without insurance

The maximum fine for driving without insurance is a £5,000 and the court must impose a disqualification or between six and eight penalty points. The offence is contained in section 143 of the Road Traffic Act 1988.

Aggravating features of driving without insurance that will amplify the offence include being involved in an accident, never having passed a test, evidence of sustained uninsured use and giving false details.