Dangerous Driving
There are three offences outlined in UK criminal law that relate to dangerous driving; careless and inconsiderate driving, dangerous driving and causing death by dangerous driving. They represent different levels of seriousness and therefore have different punishments attached to them.
Careless and inconsiderate driving
This is the least serious dangerous driving offence, defined as ‘driving without due care and attention’ or ‘driving without consideration of other road users’. Both are based what a reasonable, competent driver would have done in the same situation. Evidence must be provided to prove that other road users were caused an inconvenience by the dangerous driver’s actions.
Using a mobile phone, reading a map or otherwise not paying full attention to the road, as well as speeding and lesser cases of drink driving could all be examples of this type of dangerous driving offence; penalties can include a fine of up to £2500 and points on your licence and/or disqualification, which is decided at the Court’s discretion dependent up on the circumstances of the offence.
Dangerous driving
An individual commits dangerous driving when ‘the way they drive 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’ or ‘it would be obvious to a competent and careful driver that driving the vehicle in its current state (for the purpose of the determination of which regard may be had to anything attached to or carried on or in it, and to the manner in which it is attached or carried) would be dangerous’.
This offence is laid out in section 2 of the Road Traffic Act 1988, it is a ‘triable either way’ offence, meaning that proceedings can be brought either in the Magistrates or the Crown Court. If convicted by the Magistrates Court (summary conviction), the maximum punishment will be six months imprisonment and an £5000 fine, if found guilty in the Crown Court the sentence could be up to years imprisonment or an unlimited fine.
Causing death by dangerous driving
Naturally, this is the most serious dangerous driving offence, it occurs when an individual causes the death of another through dangerous driving as defined above. There is a maximum of 14 years imprisonment associated with this crime, which are likely to be accompanied by an unlimited fine, penalty points and driving ban of at least two years. The Crown Court will take into account the level of culpability the defendant has when handing down a sentence for this dangerous driving offence.
The English legal system takes a harsh stance on those who place others in serious danger by failing to adhere to reasonable standards of driving. Such people are treated as criminals and can have serious restrictions placed upon them to prevent further offences.