From the 18th August 2008 careless or inconsiderate drivers who cause fatal accidents face up to five years imprisonment. To be careless, the driving need only fall ‘below’ the required standard of a competent and careful driver. Whether a momentary lapse lands you with just 3-9 points on your licence, a community order or even a term of imprisonment now turns on whether or not such lapse leads to a death.
This is an extremely sobering thought because the consequences of careless driving can be extremely wide ranging and random. Previously sentencing policy put greater emphasis on the nature of the carelessness itself rather than the effect of such carelessness. According to recently published sentencing guidelines where the level of carelessness is low and there are no aggravating factors (i.e. no previous convictions for bad driving or the careless driving did not involve using a mobile phone) even the fact that death was caused will not normally be sufficient to justify a prison sentence. However a fine is unlikely to be an appropriate sentence for this offence; and, where a non-custodial sentence is considered appropriate, this will normally be a community order. The most serious level for this offence is where the offender’s driving fell not that far short of dangerous.
Where the case is particularly serious there is considerable scope, within the 5 year maximum, to impose long sentences. Disqualification from driving and endorsement are mandatory, and the offence carries between 3 and 11 penalty points when the court finds special reasons for not imposing disqualification. There is also a discretionary power to order an extended driving test where a person is convicted of this offence.
Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk
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