Dangerous, Inconsiderate & Careless Driving - The Differences & The Law

bannerjones solicitors Careless Driving Guide Careless driving is defined as 'driving without due care and attention', which encompasses a number of actions whilst driving. It is not, however, what is known as 'inconsiderate driving', or 'dangerous driving'. Careless driving can be further explained as being when a driver falls below what is expected of a careful and competent driver. This guide will explain the difference between inconsiderate, careless and dangerous driving, and the penalties that can be incurred if convicted of careless driving. Inconsiderate Driving Inconsiderate driving is when a driver behaves in a way which is detrimental to other road users or pedestrians, but without their actions being considered dangerous. Offences that fall into this category are of less severity than those classed as being careless or dangerous. Behaviour deemed inconsiderate includes: Flashing lights to force other drivers to give way unnecessarily • Staying in the overtaking lane • Failing to dip headlights • Actions such as driving through a puddle to splash pedestrians Inconsiderate driving can be penalised with up to a £5,000 fine, discretionary disqualification, and 3-9 penalty points. Dangerous Driving Dangerous driving is when the standard of driving falls far below what is considered to be driving with care and attention. It is behaviour which could cause injury or even death to other road users and includes: • Racing on the roads Aggressive driving • Being avoidably and dangerously distracted by a passenger (such as looking at them) Driving with an arm or leg in plaster or with impaired eyesight Driving a vehicle that has a dangerous defect Dangerous driving can be penalised with up to 2 years' imprisonment, an unlimited fine, obligatory disqualification, and (if exceptionally not disqualified) 3-11 penalty points. If a death is caused by dangerous driving, the prison penalty can be up to 14 years' imprisonment, along with an unlimited fine. Driving a vehicle with a dangerous defect can be penalised with a £2,500 fine (£5,000 for PCV or LGV) and up to 3 penalty points. Careless Driving Careless driving is when a person's driving falls below the expected standard of a reasonable, prudent and competent driver. There are a number of actions which are considered careless, such as: • Overtaking on the inside Driving inappropriately close to another vehicle • Driving through a red light Driving from a side road into the path of another vehicle There are also a number of examples of driver conduct which are considered to be careless, including: Adjusting the car radio Reading (including a map) Lighting a cigarette • Talking to and looking at a passenger • Using a handheld mobile phone (whilst the vehicle is moving) If convicted of careless driving, the penalty is a fine up to £2,500 and 3-9 penalty points. Penalties New legislation announced (June 2014) will see the of speeding is also falling. In 2012, 118,600 people maximum penalty for using a handheld mobile phone whilst driving go up to a fine of £4,000. The were found guilty of speeding offences. This number has fallen every year since 2005 when 160,400 only mitigating circumstances for physically holding people were convicted. a phone during the course of its use are if you are reporting a genuine emergency to the police, fire or other emergency services, and if you are not able to For more information or if you are unsure on any of the points above we would advise that you speak safely stop the vehicle in order to make the call. to a specialist driving offences solicitor. At Banner Jones our specialist team are on hand to guide you The number of people found guilty of using a handheld phone whilst driving is actually falling, with 24,800 people convicted in 2012 compared to 32,400 the previous year. According to through the process and help you to defend a driving offence charge of this nature. There are instances where challenges can be made but it is crucial that you take legal advice before any other Govemment data, the number of people convicted action. Why Choose Banner Jones? 96% 135 E FIXED FEE PROMISE YEARS ***** We will 96% of our Variety of specialist lawyers Expert wherever you driving offence recommend Over 135 travel to clients would Fixed Fee years of 5 Regional Representation experience offices need us solicitors us to a friend Don't hesitate to get in touch with one of our expert driving offence solicitors for specialist advice: Phone: 0333 200 2300 Web: www.bannerjones.co.uk Join our Social Networks bannerjones in You Tube g+ solicitors