I’ve been charged with a motoring offence – what penalty can I expect?
The most common road traffic offence is undoubtedly speeding which, as we all know, carries penalties of points on your licence, a fine and a possible ban. I don’t intend to repeat, chapter and verse, what many other sites have about this subject or the ways of trying to avoid a prosecution.
Instead, I intend to focus on the more serious offences and what you can expect if you are found guilty of one of them.
Dangerous driving is widely considered as the most serious of all motoring offences, particularly when a fatality results from the accident in question. This offence is often mentioned in the same breath as Careless driving.
Dangerous driving can take many forms, such as overtaking on a blind bend, into the path of oncoming traffic or racing on the road (which may be a separate offence in itself). At the heart of any charge of dangerous driving is a deliberate act which invariably causes an accident.
On the other hand, Careless driving, while still usually involving an accident of some kind, can best be described as a momentary lapse of self control or concentration. This offence lacks the intention to perform the dangerous manoeuvre.
However, if a driver is convicted of causing death by Careless driving while under the influence of drink or drugs, the penalties are the same as for causing death by Dangerous driving. The maximum sentences for each are an unlimited fine, a disqualification of at least 2 years (and an extended retest) and up to 14 years imprisonment.
The offence of Dangerous driving carries an unlimited fine, an obligatory ban and up to 2 years in jail. Careless driving carries a fine of up to £5,000, 3 to 9 points and a discretionary ban.
The offence of Inconsiderate driving is relatively new and not very well known. The basis of the offence is causing inconvenience to another road user. An example of this could be causing someone to brake or swerve to avoid you, or riding close behind someone and flashing your lights to try and force them to get out of your way. There need not be physical contact or an accident for a charge to be made.
These may seem very insignificant actions which cause no real harm, but they are being viewed increasingly seriously by the Courts. For this reason the range of punishments for Inconsiderate Driving are exactly the same as those for Careless Driving.
As a final thought, if you receive a Notice of Intended Prosecution for a speeding offence, you are required to provide details of the driver/rider of the vehicle at the time of the offence. While the penalty for speeding may only be a fixed penalty of 3 points, failing to provide the driver information could earn you 6 points, a £1,000 fine and a discretionary ban.
You have been warned!
This article is not designed to replace formal legal advice. If you are in any doubt of you rights, please call Neil on 01553 660033.
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