Being charged with dangerous driving gives you a lot to think about.
You might feel unsure of the consequences and what lies ahead. Dangerous driving is a serious criminal offence, but in some cases, it is possible to have the charge reduced to careless driving.
This mini guide explains exactly what the two offences are and why they differ, how the reduction works, and what the potential outcomes are.
What is dangerous driving?
Dangerous driving is defined as driving that is far below the expected standard of a competent and careful driver. Examples of dangerous driving include actions on the road that would be obviously dangerous to a competent driver.
Such cases may include driving a car with a dangerous problem, driving when very tired or racing against another vehicle. A conviction of dangerous driving carries a mandatory minimum 12-month disqualification and an extended retest. In the most serious cases, a custodial sentence may be given.
What is careless driving?
Careless driving is also known as driving without due care and attention. It is a lower-level offence that occurs when a driver’s standard is below that of what is expected of a competent driver (rather than far below, as is the case with dangerous driving). Another definition of the offence is driving without reasonable consideration for other road users.
Examples include using excessive speed, momentary distraction, misjudging a junction, swerving across lanes, handbrake turns and driving while eating, drinking or smoking. Penalties typically include 3 to 9 penalty points and a fine. A careless driving offence does not result in a criminal record.
What is the difference between dangerous driving and careless driving?
The main distinction between these two offences lies in the severity of behaviour and the standard of proof.
Dangerous driving is a criminal offence that requires the prosecution in a case to prove that their driving fell far below the expected standard and posed an obvious danger to the public. In contrast, although careless driving involves driving that falls below the expected standard, it is not a criminal offence. It occurs when a person drives without due care and attention, or without reasonable consideration for others.
Simply put, careless driving does not involve the element of obvious danger that an offence requires to be classed as dangerous driving.
How the reduction works
Getting a dangerous driving charge reduced to careless driving typically involves negotiating with the prosecution.
You may challenge the evidence if your solicitor can argue that the prosecution cannot prove that your driving met the higher threshold for dangerous driving. For example, this might involve demonstrating that a momentary lapse caused the incident rather than deliberate risk-taking. External factors such as the state of the road or weather conditions could also be taken into account. Expert witness testimonies and dashcam evidence can also have a role.
If the evidence does not clearly meet the dangerous driving threshold, your lawyer can negotiate with the prosecution. It may be possible to agree to plead guilty to careless driving, and in exchange, the more serious criminal charge is dropped. This approach also offers the benefit of bringing proceedings to a quicker conclusion.
Potential outcomes
If the reduction is successful, the consequences change considerably. As careless driving is not a criminal offence, you avoid a criminal record entirely. This can be hugely important to employment prospects, travel or the insurance premiums you are offered in the future in the long term.
Even with a reduction to careless driving, you can still expect to face penalties such as significant fines, demerit points and potential insurance premium increases.
If you have been charged with dangerous driving, getting expert legal advice as early as possible could make all the difference. Call the experienced team of careless driving solicitors at Auriga today on 08000 55 66 31 for free initial advice. We will review the evidence against you, and help you understand all your options.