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Drivers warned that careless driving could result in a prison sentence!

Have you ever found yourself tuning your radio, changing a CD, programming your Sat Nav or eating or drinking whilst driving?

Whilst everyday life can be hectic, have you ever taken a moment to stop and consider what the consequences would be if an accident resulted?  Many law-abiding citizens are facing prosecution after being involved, in what they perceive to be a genuine accident.

In a recent case a driver was faced with a charge for careless driving after she collided with another vehicle whilst changing lanes on the motorway. Whilst she believed that the matter would quickly and simply be resolved by contacting her insurers, the police pursued this charge despite the fact that the other driver was speeding and fled the scene of the accident.

In another case, a lorry driver was convicted of careless driving after he accidentally hit another vehicle. As a result he was disqualified from driving for 14 months.

Recent changes to the law introduced in August 2008 now mean that drivers must take extra care in order to stay on the right side of the law. Tough new rules mean that drivers could face a prison sentence of up to two years, an unlimited fine, a driving ban or up to 11 penalty points on their licence. All of which could have disastrous consequences, potentially affecting work, family and social life. 

Despite the introduction of these new stringent penalties Judge Bright has recently called for a review of the current 'lenient' driving laws.

Drivers are expected to observe a minimum standard of care; that which would be expected of a competent and careful driver.   Failure to meet these criteria could result in a charge of careless or dangerous driving.

It is the role of the Crown Prosecution Service to look at the evidence objectively and determine whether there is sufficient ground to charge for the offence of dangerous or careless driving. The main distinction between the two offences is how far bellow the standard of care the individual's driving fell. Anyone found to have fallen far below the required standard, will be guilty of the offence of dangerous driving.

For more information about Higgs & Sons' Private Motoring and Criminal team please contact Catherine Junor on 01384 342 100.

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