Section 2A(1) Road Traffic Act 1988 provides that a person is to be regarded as driving dangerously if the way he drives 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.
Section 3ZA Road Traffic Act 1988 provides that a person is to be regarded as driving without due care and attention if the way he drives falls below what would be expected of a careful and competent driver.
If the police are investigating an allegation of careless driving or dangerous driving, the suspected driver may be requested to attend the Police Station for an interview. This will be an interview under caution and the strategy for dealing with the interview will affect how the matter progresses and in many cases the overall outcome. It is therefore very important to be legally represented at the interview.
The outcome of dangerous and careless driving cases often hinges on legal submissions as to whether the alleged driving crosses the threshold of the legal definition of “careless” or “dangerous”. Often reference to case law surrounding these definitions is required and so it is important to be legally represented by an advocate who has experience in this area of law.
If you plan to argue against your prosecution, the chance of you missing a vital piece of information is high if you aren’t familiar with the system.
The penalties can be high
The minimum disqualification is usually 12 months but may be more. This is as well as a fine, a community order or even a prison sentence. It’s not worth risking your freedom by failing to get expert advice.
Testing your limits
If a police officer suspects you may be driving under the influence of alcohol or drugs they can ask for a sample of your breath, blood or urine. Failing to comply is an offence in its own right.
Special reasons
You can plead guilty, with special reasons to traffic offences. This means the magistrates can use their discretion in imposing the penalty points or a disqualification. Special reasons can include spiked drinks, medical emergencies and shortness of distance.
Please contact us if you would like to speak to a specialist motoring lawyer.
Read more about our Motoring Offences team, including our approach to Drink Driving.
The solicitor who dealt with my case was fantastic throughout. Very responsive, provided clear and timely advice and helped me get a very satisfactory result. Very efficient and pleasant experience throughout! Thank you!
I am very happy with Hine solicitors and my solicitor who I cannot recommend highly enough, excellent guy with great interpersonal skills
My solicitor was excellent and achieved an outcome that totally exceeded our expectations. His attention to detail, advice offered and finally his presentation in the magistrates court was literally outstanding.
Thank you for your help and support during this time, especially during the “grey” period when I was away on the other side of the world without knowing what was to happen and quite frankly concerned more about my messing up the process with unknown consequences than the incident itself. You have been a great support throughout so thanks once again.
