New Sentencing Guideline Proposed for Careless Driving
The Sentencing Council, which gives a structed guide to Courts when sentencing motoring offences, has launched a consultation which includes a change in the Sentencing Guideline for Careless Driving, also referred to as Driving Without Due Care and Attention or Inconsiderate Driving.
The offence of Careless Driving is committed when driving standards fall below that of a careful and competent driver, or without reasonable consideration for other road users. It is very easy to find yourself prosecuted for this offence, which includes lane hogging, overtaking too closely to other road users, distractions changing the radio or eating food and incidents leading to low level collisions with other road users.
The offence carries a financial penalty and either 3-9 points, or a discretionary disqualification. The endorsement code CD10, CD20 or CD30 will be recorded on the licence for a period of four years and will be counted as active points three years from the date of the offence.
The current Guidelines allow the Court to balance the ‘harm’ – how much risk or actual harm was caused by the driving, with ‘culpability’. The proposal is now that the points will be determined solely by the culpability with 3-4 points for a minor lapse in concentration and 7-9 points or a ban for very serious offences. The financial penalty will remain a balancing exercise and brings in a higher level Band D fine, where there is injury or damage to property alongside a very poor standard of driving.
There is no proposal to change the Fixed Penalty from the current £100 and 3 points. In some regions the Police will still be offering a diversion with the Driver Awareness Course.
For any advice on a prosecution for careless driving, call our team today.
