Dangerous / Careless Driving
CATEGORIES
About Dangerous / Careless Driving
Law:
Under Section 2A(1) of the Road Traffic Act 1988 provides that a person is 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.
Under Section 3 of the Road Traffic Act 1988 careless and inconsiderate driving is defined as a person who 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.
The distinction between the two offences is that of a qualitative nature. I.e. the standard of driving displaced by the alleged offender. The difference is extent to which the offender’s driving falls below the required standard. This can be demonstrated through injury or damage for example.
Penalty:
The difference between the sentencing of these two offences is significant. Dangerous driving is an either way offence and may therefore be heard in the Crown Court. The sentencing guidelines indicate a maximum two year custodial sentence if sentenced in the Crown Court, whereas the maximum sentence for careless driving is an unlimited fine.
In terms of disqualification and endorsement, for careless driving endorsement is mandatory and disqualification is discretionary depending on the circumstances of the offence. For dangerous driving there is mandatory disqualification.
How we can assist:
Offences of careless and dangerous driving are seen by the Courts as very serious and often involve exposing the public to some level of harm and danger. It is therefore common that clients may face the real risk of receiving a custodial sentence and a lengthy ban. It is therefore vital that you have an expert solicitor defending you at Court.
Our solicitors have represented clients who have been charged with dangerous driving and face a real risk of a custodial sentence. We have knowledge and experience in this area of the law and can strategically assist with mitigating the circumstances surrounding the offence and make effective representations at Court on behalf of the client to avoid a custodial sentence and reduce the length of a ban.
In some cases “special reasons” may apply to your circumstances which may explain the reasoning for committing the offence. It is vital that this is explored as a possible defence to avoid a possible ban.
If you are facing allegations of speeding, or have been charged to Court (received summons to Court), call us today to discuss and explore your defence.
Real Results for Real People
Brilliant result
Mr Masood has represented me for a number of years. Whenever I have been caught in a difficult position before the Magistrates Court, with his attention to detail and expert advocacy he always gets me a brilliant result.
– MrN
Brings "A" Game
Honest, learned and experienced solicitor. Mr Masood always brings his A Game to the police station and Court. He is never afraid to challenge the police and the evidence. I would never speak to the police without Mr Masood by my side.
Extremely grateful
Mr Masood represented me for a matter of drug driving. Unfortunately this was the second time I had been charged with this offence and due to my previous convictions I faced the real prospect of a custodial sentence. Mr Masood was able to expertly mitigate on my behalf, expressing my personal circumstances and persuaded the Court to suspend my sentence. I am extremely grateful for his efforts.
– MrR
Professional standards
I was arrested and wrongly accused of assaulting the police. At my police station interview, Mr Masood challenged the evidence provided by the police and escalated the matter to professional standards. I was released with no further action with the arresting officer referred to professional standards for the way I was treated.
– MrP
Unparalleled dedication and empathy
Represented throughout the most difficult period of my life facing an allegation of Rape in the Crown Court. Tenacity and eye for detail through a challenging process led to my acquittal. I can finally move on with my life. Wishing the team nothing but the best.
– MrL
Notable Wins
- R v W: Murder Acquittal at the Old Bailey - Youth client acquitted after 6-week trial
- R v B: Drug Importation Acquittal - Modern slavery defence for trafficking victim
- R v C: Section 18 GBH Acquittal - Self-defence in serious wounding case
- R v S: Honour-Based Stalking - Crown discontinued at trial after evidence challenge
- R v L: Arson Acquittal - Joint enterprise case dismissed after digital evidence challenge
- R v M: Section 18 Stabbing Acquittal - Serious assault case won at trial
Why Fraser Masood
A Different Kind of Criminal Solicitor
Fraser Masood brings fresh energy to criminal defence. Whilst other solicitors play it safe, we challenge the system with a dynamic approach.
Track Record:
- One of the youngest qualified criminal duty solicitors in West London
- Built practice from startup to major regional provider in 3 years
- Excellent outcomes at the most prominent courts in the country.
Youth meets experience
Hungry for wins, skilled in strategy
Personal service
Fraser Masood handles serious cases personally
Direct approach
We tell you the truth, not what you want to hear
Professional focus
We understand what you have to lose
Get In Touch
Your Future Depends on What You Do Right Now
Every hour you wait makes this situation harder to resolve.
The investigation is happening whether you’re prepared or not. The only question is whether you’ll have expert protection fighting for you.
Don’t face this alone. Don’t wait for charges to be filed. Act now.