Driving without due care and attention (careless driving) and dangerous driving are separate offences and are dealt with differently in a court of law.
What Court Are These Offences Seen in?
Careless driving offences are typically held in the magistrate’s court, but both offences may be held in either court, depending on how serious they are.
Careless Driving Offences
Careless driving occurs when the standard of driving falls below what would be expected of a competent driver. Auto Protect state that “Careless driving is defined as driving in a way which falls below what would be expected of a competent and careful driver and/or driving without reasonable consideration for other road users.”
Examples of careless driving include tailgating, sudden braking and running a red light.
Penalties for Careless Driving
If held in the magistrate’s court, the driver is likely to receive penalty points on their licence and a fine. Careless driving offences do not carry a prison sentence, but drivers may have their licence taken away in serious or persistent cases.
Dangerous Driving Offences
Dangerous driving is a serious offence and refers to the way in which you are driving and/or the condition of the vehicle.
To be convicted of dangerous driving, there must have been the danger of physical harm or damage to a property. The prosecution does not have to prove that people were harmed because of your actions, only that there was a danger of it.
Penalties for Dangerous Driving
The maximum penalty for dangerous driving will depend on the nature of the case and, therefore, what court that case is held in. If the case is held in the magistrate’s court, the maximum penalty is up to six months imprisonment and a fine of up to £5000. If the case is held in the Crown Court, the maximum penalty is up to two years imprisonment and an unlimited fine.
Broadbents Solicitors – Road Traffic Offences
Our trusted team have been handling careless and dangerous driving offences for many years, ensuring you understand the legal process and have the guidance and advice you require. Speak to our dedicated team today on 01332 369090.
