Have you been charged with a careless or dangerous driving offence in Scotland? Our road traffic lawyers can provide you with the advice and representation you need.
Careless or Dangerous Driving Law in Scotland
Careless drivers are defined in s3 of the Road Traffic Act 1988 as ”those who drive a motor vehicle on a road in a manner that falls below what would be expected of a competent and careful driver” or ”those who drive without reasonable consideration for other persons using the road or place”. A careless driving conviction carries a lesser sentence than that for dangerous driving.
Careless driving is often a matter of interpretation for the police officer at the scene of the alleged offence. Therefore, there is often opportunity for argument in careless driving cases. If you have been charged with carless driving, Thorley Stephenson can help you.
Causing death by careless driving, causing death by driving under the influence of drugs or alcohol, and causing death by careless driving while unlicensed, disqualified or without insurance all have very serious consequences. This is why it is so important to get proper representation from expert road traffic lawyers. Thorley Stephenson can provide you with specialist legal advice that can result in a reduced or more lenient sentence.
Dangerous driving defences
Dangerous driving is a more serious offence than careless driving. The differences between these are subtle, yet crucial. Examples of conduct that may result in a charge of dangerous driving in Scotland include: excessive speeding (especially when in a sensitive area such as near a school), driving while making a call on a mobile phone, and driving while texting.
An individual is likely to be charged with dangerous driving where the criteria under s2A of the Road Traffic Act have been met. Dangerous driving, under the Act, is where the motorist’s driving has fallen ‘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’.
Representation from an expert motoring lawyer could make the difference to the length of any sentence imposed by the court, or may even mean the difference between conviction and acquittal. Road traffic lawyers can also represent motorists at the police interview, and advise on any aspect of it.
Sentencing for dangerous driving Scotland
Dangerous driving is very serious. A conviction for dangerous driving in Scotland may result in disqualification from driving, up to two years in prison, and an unlimited fine. Causing death by dangerous driving may result in a much longer disqualification, and a sentence of up to 14 years in prison. Here the circumstances of the case, evidence pleaded by the Crown, and whether or not a guilty/not guilty plea is tendered will affect the type of sentence given by the judge.
However, there are exceptional circumstances in which only a deduction of points will be made. Furthermore, where a mandatory disqualification would usually take place, it is possible there could be ‘special reasons’ for only 3-11 penalty points being imposed instead of a ban.
When it comes to dangerous driving, no two cases are identical, therefore it is vital that you seek an expert motoring lawyer’s opinion and representation. This could make a huge difference to the severity of sentence handed out by the Court.
Road Traffic lawyers Edinburgh & East Lothian, Scotland
We understand the importance of protecting your licence and the impact that prosecution in this area may have upon you and your family. Operating from our base in Edinburgh, we can represent you in any criminal court in Scotland.
Contact Our Careless or Dangerous Driving Defence Solicitors Edinburgh & East Lothian, Scotland
Thorley Stephenson SSC’s road traffic solicitors aim to provide clients with the best possible legal advice and representation for them on all types of careless or dangerous driving offences and other motoring offences in Scotland. Please contact us today on 01315569599 to speak to one of our solicitors.
