Driving Without Due Care and Attention
Remember, if any potential prosecution regarding Driving Without Due Care and Attention is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, It Won't!!!
Dangerous Driving Definition
It is an offence for a person to drive a mechanically propelled vehicle on a road or other such public place dangerously.
(Road Traffic Act 1988 s2)
The definition of the offence of Dangerous Driving or Driving Without Due Care and Attention is wide because it is not just relation to motor vehicles but any mechanically propelled vehicles; furthermore it can take place in any place to which the public has access, not just public roads.
Never forget, the burden of proving Dangerous Driving rests squarely on he shoulders of the prosecution, not the defendant. It is our job to expertly and carefully examine and exploit any failing or loophole in the prosecution case or law to secure an acquittal.
Dangerous Driving is defined in S2(A)(1) of the Road Traffic Act 1988. A person is guilty of dangerous driving if:
- The way he drives falls far below what would be expected of a competent and careful driver
- It would be obvious to a competent and careful driver that driving in that way would be dangerous
- The prosecution may also say dangerous driving is due to the condition of a vehicle if it would be obvious to a competent and careful driver that driving the vehicle in it’s current state would be dangerous.
The offence of Dangerous Driving has to be distinguished from the less serious offence of careless driving because to be guilty of dangerous driving the standard of driving has to fall FAR below the standard of a competent driver.
Dangerous Driving Aspects
There are two aspects to the offence of Dangerous Driving and Driving Without Due Care and Attention that the prosecution have to prove. Firstly that the standard of driving fell far below the standard expected of a competent and careful driver. Secondly it also has to be shown that it would be obvious to a competent and careful driver that driving in that way would be dangerous.
As your defence team we would make no concessions to the prosecution and ensure that they comply precisely with the requirements of proving dangerous driving.
The standard of driving required is the same for all drivers irrespective of their experience. Therefore the standard is the same for a learner driver as it would be for an experienced, professional driver.
If there has been a road traffic accident the prosecution may call expert accident investigators to try to prove dangerous driving. Do not believe that such evidence cannot be attacked or undermined. It can. we are experts at cross examining witnesses and sometimes expert cross examination of a witness can have devastating effects upon the value of their evidence.
Also in the preparation of your defence, we would consider if it is necessary to locate and instruct an expert accident investigator on your behalf to counter any prosecution evidence. Just because you have had a car crash doesn’t mean you are absolutely guilty of dangerous driving. You may have a perfectly reasonable explanation for what happened. You need our expertise in presenting this explanation to the court when you face an allegation of dangerous driving.
Dangerous Driving Penalty
In the crown court, the maximum penalty for Dangerous Driving is 2 years imprisonment, an unlimited fine and a minimum obligatory driving ban of 1 year. Before a full driving licence can be re-instated, the defendant will have to take an extended driving test.
If the case is heard in the Magistrates Court, the maximum penalty for Dangerous Driving is 6 months imprisonment, a maximum fine of £5000 and a driving disqualification.
Contact us about Driving Without Due Care and Attention
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