Causing Serious Injury By Dangerous Driving

Causing Serious Injury by Dangerous Driving Offence

Causing serious injury by dangerous driving carries severe penalties do not leave your case to chance or in the hands of non-experts call one of our specialist solicitors for free initial advice. 08000556631

It is an offence to cause serious injury by dangerous driving under S1A of the Road Traffic Act 1988

It was introduced as a result of road safety campaign groups and victims and their representatives who have called for the gap in sentences between the current 2 year maximum for dangerous driving and the 14 year maximum for causing death by dangerous driving to be addressed. Parliament has responded by introducing this offence with the 5 year penalty. It also carries a mandatory two year minimum disqualification with an extended re-test.

The offence is an either way offence which can be heard in either the Magistrates Court or the Crown Court carrying a level 5 fine and/or 6 months custody in the magistrates court with a mandatory disqualification period of at least 2 years (unless special reasons are found not to disqualify) and endorsement. An extended retest is also mandatory

There are no sentencing guidelines for this offence and no alternative offence of Causing Serious Injury by careless driving.

What amounts to careless driving/driving without reasonable consideration?
  • That your standard of driving fell below that of a careful and competent driver
    OR
  • That you did not show reasonable consideration for other drivers or pedestrians

Examples are:-

  • Driving into the back of a car at a roundabout/tailback on the motorway
  • Reading a map whilst driving.
  • Bumping into a parked vehicle.
  • Drinking or eating whilst driving.
  • Lighting a cigarette
  • Being dazzled by the sun (link to highway code)
  • Coming out of a side junction into the path of another vehicle;
  • Scraping another car in a car park;
  • A minor bump or shunt with another vehicle;
  • Using a satellite navigation system or map whilst driving;
  • Hogging the middle or outside lane on the motorway
How can I avoid penalty points?
If you have not been charged but have just received a notice of intended prosecution and you fall within the criteria, at the discretion of the police, you may receive an offer of a driver improvement course in which case you will not have points endorsed on your licence.

This is not possible if you have been charged unless there are some exceptional circumstances. If you been in an accident and injury has been caused it is unlikely you will be offered the course.

READ MORE ABOUT DRIVER IMPROVEMENT COURSES

Can I get a fixed penalty ticket?

These are restricted to offences which are only observed by police officers and there are no victims, no collisions and no public complaint. It covers but is not restricted to the following types of driving.

  • Lower level aggressive and inconsiderate driving where others are not unduly affected
  • Driving too close to the vehicle in front
  • Failing to give way at a junction causing no evasive action by another driver
  • Overtaking and forcing into a queue of traffic
  • Using the wrong lane on a roundabout
  • Ignoring a lane closed sign and forcing into a queue of traffic
  • Poor lane discipline i.e. remaining in lane two or three when lane one is empty
  • Inappropriate speed i.e. too slow
  • Wheel spins
  • Handbrake turns

The fixed penalty for a careless driving offence is £100 and 3 points

READ MORE FIXED PENALTY TICKETS

I want to plead guilty to driving without due care and attention.

You may think you are guilty of the offence and wish to enter a plea of guilty either in writing or in person, but before you do get some legal advice its FREE and it may save you penalties you do not deserve.

You will not, as a rule, get the same as a fixed penalty ie £100 and 3 points.

It is always better to get a specialist solicitor to either write a guilty plea and mitigation letter for you or attend court with you especially if you are at risk of a disqualification.

Take a look at our penalty calculator to see what sort of penalty you are likely to receive.

How do I get off my careless driving charge?

Fighting a careless driving charge would mean you have to have a trial in the Magistrates court. This can be extremely daunting but our specialist team of lawyers can support you by

  • Reviewing the strength of the prosecution’s case against you
  • Finding the weaknesses in the prosecution case
  • Collating evidence in your defence
  • Attacking the prosecution case relentlessly on your behalf
  • Taking the pressure and anxiety off you
  • Being there to answer all your question
  • Provide specialist representation in court

Most careless driving charges depend on eyewitness accounts of ordinary members of the public, whose credibility can be cast into doubt more easily than the police.

Often expert evidence is required to prove that you were not responsible or that you could not have avoided a collision. These will require additional fees but their evidence is often the linchpin of a defence we will use one of our panel of experts if you require one.

If the evidence is so inconsistent we can often write representations to the prosecution to discontinue the case against you.

Unsure about what you should do next?

Most motorists are unsure of their options when facing a careless driving conviction. They do not know whether they should plead guilty or not guilty or what the penalties may be. They are not aware that there may be defences available. Call one of our specialist solicitors to discuss your options.

One of our legal team will be more than happy to have a chat about your options and your concerns FREE OF CHARGE.

Between us we will reach the right decision.

We will not charge you a penny until you instruct us to act for you and we offer an instalment plan to managing your finance a little easier.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

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AURIGA ADVOCATES

were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

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