Rob B

My parents were involved in a head on collision last week (fortunately both are pretty much OK). The man who hit them was overtaking downhill on a bend in a 30 limit and "just didn't see them". We are under the impression the police are only going to try to prosecute him for careless driving. Is there anything we can do to try and get the charge increased to reckless driving? Does anyone know what the difference in law is between reckless and careless?

Stuart H

Rob,

For Careless and Incondsiderate Driving. Section 3 of Road Traffic Act 1988 states:

<I>If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place he is guilty of an offence.</I>

For Dangerous Driving Section 2 of the Road Traffic Act 1988 states:

<I>A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence</I>

For the charge of Careless and Inconsiderate Driving (contrary to Section 3 RTA 1988):

This charge is appropriate when the manner of driving demonstrates a serious miscalculation or a disregard for road safety, after taking into account all the circumstances including road, traffic and weather conditions.

For the charge of Dangerous Driving (contrary to Section 2 RTA 1988):

A person drives dangerously when:<UL TYPE=SQUARE>

<LI>the way he drives falls <B>far</B> below what would be expected of a competent and careful driver, <B>and</B>
<LI>it would be obvious to a competent and careful driver that driving in that way would be dangerous</UL>

What has to be proved is that the standard of driving was dangerous e.g there is a danger of injury to persons or serious damage to property.

Penalties on conviction of the offence of Careless & Inconsiderate Driving are:<UL TYPE=SQUARE>
<LI>Maximum fine of £2500.00 (Level 4 fine)
<LI>Discretionary disqualification for any period
<LI>Endorsement of between 3 & 9 points
</UL>
Penalties on the conviction of the offence of Dangerous Driving are:<UL TYPE=SQUARE>
<LI>Maximium fine of £5000.00 (Level 5 fine) (unlimited in Crown)
<LI>Disqualification of at least 1 year
<LI>Endorsement of 3 - 11 points
<LI>or six months imprisonment (2 years in Crown)</UL>

The police dealing with the incident will only charge with what they know the CPS will prosecute for. There may be reasons why they cannot prove a charge of Dangerous Driving. Ask the OIC to talk through it with you. He/She will be only too happy.

[This message has been edited by Stuart H (edited 21 November 2000).]

AWD

Stuart - you are Yoda

The Zohan

Stuart your knowledge is as extensive as my spolling is crap!

May i be as bold to ask

Are you traffik plod?

A solicitor/Legal eagle?

A dangerous driver with a photographic memory?

Rob, Glad to hear your folks are OK - I hope the Police Nail the Bast**d.

Didn't see them - no excuse should not be driving if you cannot 'see' other road users!

[This message has been edited by Paul Habgood (edited 21 November 2000).]

[This message has been edited by Paul Habgood (edited 21 November 2000).]

[This message has been edited by Paul Habgood (edited 21 November 2000).]

Rob B

Thanks for this Stuart - was exactly what I was looking for. It is much better to know the exact law - I'll let you know what they try to prosecute him for and whether they succeed.

Stuart H

Rob,

Glad to be of assistance.

Paul,

I am a Traffic Officer hence I know a bit about traffic law (allegedly!! )

[This message has been edited by Stuart H (edited 21 November 2000).]

The Zohan

Stuart

Seems to be a problem with my typing - did i put 'plod' - meant Officer, Honest!

AWD

Move along now Paul... there's nothing to see here...

Dave Thornton

My only ever accident was caused by a third party not involved with it. Myself and the other driver submitted statements and the third party driver was charged with careless driving or something similar. Just before it got to court, the driver pleaded guilty, so the court appearance was a formality. What wound me up was the blatant lie in the driver's statement; I never got my excess back either.

I hope your parents are able to make a full recovery, not just physically but mentally too.