Dangerous driving

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Dangerous driving

Solution Dangerous driving

A charge of dangerous driving under Section 2 RTA 1988 must only be allowed to proceed if it satisfies the tests laid down by the Code; in other words that there is enough evidence to provide a realistic prospect of conviction on the charge of dangerous driving and, if so, whether it is in the public interest to prosecute the defendant in relation to that offence. In relation to the public interest test, it should be borne in mind the prosecution of traffic offences is vital to the promotion of road safety and the protection of the public.
The law

Definition of dangerous driving (Archbold 32-17) (Wilkinson 5.04)

A person drives dangerously when:

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.

Both parts of the definition must be satisfied for the driving to be "dangerous" within the meaning of the Act. (Section 2A(1) RTA 1988)

There is no statutory definition of what is meant by "far below" but "dangerous must refer to danger of personal injury or of serious damage to property: (Section 2A(3) RTA 1988). Additionally, (Section 2A(2) RTA 1988) provides that a person is to regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. When considering the state of the vehicle, regard may be had to anything carried by or attached to the vehicle: (Section 2A(4) RTA 1988).

Dangerous driving is an either way offence carrying a level 5 fine and/or 6 months custody in the Magistrates Court; in the Crown court the maximum penalty is 2 years custody and/or an unlimited fine. Wherever the case is heard, the Court must disqualify the driver from driving for at least a year and order him to pass an extended driving re-test, unless "special reasons" are found for not disqualifying (in which case it must endorse the driver's licence with 3-11 penalty points unless there are, again, "special reasons " for not doing so).
Charging Practice

The test of whether a driver has fallen far below the required standard is an objective one. It concerns situations when the manner of the driving in question is deliberate and it also covers situations when the manner of the driving occurs as a result of an error of judgement, of incompetence, or inexperience. Dangerous driving can therefore cover a range of behaviours from a single error of judgement to a prolonged and deliberate course of driving with disregard for the safety of other road users. It is important to recognise that a single inadvertent act or omission may possibly fall so far below the standard of driving of a competent and careful driver that it constitutes dangerous driving.

Examples of cases which illustrate the latter principle include: Att.Gen's Reference No 32 of 2001 (2002) 1 Cr.App.R. (S) 121 (offender failed to stop at a junction where there was a give way sign and collided with a taxi, failing to see it, that was being driven across the junction perfectly properly); and Att.Gen's Reference No.76 of 2002 (Hodges) (2003) 1 Cr.App.R. (S) 100 (offender drove across junction marked by a give way sign and collided with a car that was being driven along the major road, and had no explanation for his failure to see the car) -"This was a single mis-judgement. It was a bad mis-judgement but nevertheless a single one" (p.524). It is important to remember that the manner of the driving must be seen in the context of the surrounding circumstances in which the driving took place (e.g. amount of traffic, visibility).

It is not necessary to consider what the driver thought about the possible consequences of his actions: simply whether or not a competent and careful driver would have observed, appreciated and guarded against obvious and material dangers.

In the case of a vehicle in such a state of disrepair as to be dangerous consideration should be given to whether the vehicle should have been driven at all as well as to how it was driven in the particular circumstances.

Although the test for "dangerous" is an objective one, deliberate or persistent disregard of, say, traffic directions (be they "stop", "give way" or traffic lights) may be evidence that the manner of the driving has fallen far below the standard required, thus making a charge of dangerous driving appropriate.

The following are examples of driving which may support an allegation of dangerous driving:

* Racing or competitive driving.
* Speed, which is highly inappropriate for the prevailing road or traffic conditions.
* Aggressive driving, such as sudden lane changes, cutting into a line of vehicles or driving much too close to the vehicle in front.
* Disregard of traffic lights and other road signs, which, on an objective analysis, would appear to be deliberate; or disregard of warnings from fellow passengers.
* Overtaking which could not have been carried out safely.
* Driving a vehicle with a load which presents a danger to other road users.
* Where the driver is suffering from impaired ability such as having an arm or leg in plaster, or impaired eyesight.
* Driving when too tired to stay awake.
* Driving with actual knowledge of a dangerous defect on a vehicle.
* Using a mobile phone whether as a phone or to compose or read text messages. (See R v Browning (2001) EWCA Crim 1831; (2002) 1 Cr. App.R. (S) 88)

In (R v Cooksley and others TLR 8.4.03) the Court of Appeal gave detailed guidance as to sentencing in causing death by dangerous driving cases; this case nonetheless offers guidance as to what can constitute dangerous driving at the top end of the scale. In addition to some of the factors mentioned above regard can be had to:

* Callous behaviour at the time such as throwing a victim off the vehicle or failing to stop.
* Causing death (and presumably serious injury) in the course of an escape or an attempt to avoid detection

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Article details

Article ID:	88
Category:	Motoring
Date added:	15-02-2009 07:13:42
Views:	250
Rating (Votes):	(4)

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