DRIVING WITHOUT DUE CARE AND ATTENTION AND DANGEROUS DRIVING

Dangerous Driving 

Section 2A(1) Road Traffic Act 1988 provides that a person is to be regarded as driving dangerously if:

• the way he drives falls 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.

Careless Driving 

Section 3ZA Road Traffic Act 1988 provides that a person is to be regarded as driving without due care and attention if:

• the way he drives falls below what would be expected of a careful and competent driver.

If the police are investigating an allegation of careless driving or dangerous driving, the suspected driver may be requested to attend the Police Station for an interview. This will be an interview under caution and the strategy for dealing with the interview will affect how the matter progresses and in many cases the overall outcome. It is therefore very important to be legally represented at the interview.

The outcome of dangerous and careless driving cases often hinges on legal submissions as to whether the alleged driving crosses the threshold of the legal definition of “careless” or “dangerous”. Often reference to case law surrounding these definitions is required and so it is important to be legally represented by an advocate who has experience in this area of law. 

If you wish to speak to a specialist lawyer, please click HERE.

You don’t have to be staggering and slurring your words to be considered to be ‘over the limit’. You may feel fine, but still register over the prescribed alcohol levels. That’s when you need someone on your side.

If you plan to argue against your prosecution, the chance of you missing a vital piece of information is high if you aren’t familiar with the system.

Click here to find your nearest Hine Solicitors and we’ll make sure you get the specialist help you need.