We�re straying from the original question a little here, but it is worthwhile to understand the difference between the offences of Dangerous Driving and Careless Driving.
The difference in terms of words is straightforward. I�ve summarised the wording from the Road Traffic Act 1988 which define the offences. Essentially:
- A person is guilty of dangerous driving if the way he drives falls far below what would be expected of a competent and careful driver.
- A person is guilty of careless driving if the way he drives falls below what would be expected of a competent and careful driver.
The eagle-eyed among you will notice just one word difference between the two � the use of �far� in the dangerous driving definition.
In practice, the definition is far less clear cut and there is considerable debate at the moment concerning these offences and their maximum sentences. In general, drivers are charged with careless driving if they display a momentary lapse of concentration. To be charged with the higher offence, a sustained episode of inappropriate driving has to be displayed.
The results of the inappropriate driving are not relevant. One can be charged with dangerous driving where no death, injury or even damage occurs. A careless driving charge can be made even if it results in a fatal accident.
This is mainly where the debate is centred. It is widely believed that the lesser charge is often laid inappropriately simply because the higher charge is more difficult to prove.
Sentencing between the two varies considerably. Careless driving carries a maximum fine of �2,500 and is not imprisonable, even if a death results. Dangerous driving carries a maximum penalty of 2 year�s custody.
The circumstances surrounding the incident in this question would indicate that if any charges were to be brought, careless driving would be most likely.