Under Section 2C of the Road Traffic Act 1988 it is an offence to cause serious injury by careless or inconsiderate driving. This is a relatively new offence having come into effect from 28 June 2022.
‘Serious Injury’ means grievous bodily harm for the purposes of this offence. Grievous bodily harm includes injuries such as serious cuts or broken bones.
Careless or inconsiderate driving means driving a vehicle on a road or public place without due care and attention, or without reasonable consideration for other people using the road or place. This means you have driven below what would be expected of a competent and careful driver.
An example of driving carelessly or inconsiderately would be suddenly braking, failing to look properly or being distracted by something going on inside the car such as using a mobile phone.
This is a triable either way offence which means if you are charged with this offence your case can be tried in the Magistrates Court or in the Crown Court.
It is important to seek legal representation as the sentencing options do include an immediate custodial sentence as well as an obligatory driving disqualification.
In addition, if you have been disqualified two or more times for a period of at least 56 days in the three years preceding the offence, the court is obliged to disqualify you for a minimum of 2 years.
What is the offence of causing serious injury by dangerous driving?
Section 1A of the Road Traffic Act 1988 makes it an offence to cause serious injury by driving a vehicle dangerously on a road or other public place.
‘Serious Injury’ again means grievous bodily harm, but the difference is the standard of driving must be deemed dangerous. An example of dangerous driving would be driving aggressively, overtaking in an unsafe manner or being distracted whilst driving.
This is also a triable either way offence meaning if you are charged your case can be tried in either the Magistrates Court or the Crown Court.
This offence carries a minimum of 2 years disqualification with a compulsory extended re-test upon conviction.
What is the difference between the two offences?
Careless or inconsiderate driving is the lower-level offence which consequently carries a lower sentencing guideline. This means you are driving below what would be expected of a competent and careful driver.
Dangerous driving means driving FAR below what would be expected of a competent and careful driver whilst driving dangerously.
What to do if you are charged with an offence?
If you are charged with an offence, it is important that you obtain legal advice. It may be that you are eligible for Legal Aid which would cover funding for your case. Legal Aid can cover all or part of your legal advice and representation if you are eligible. If you do not reach the requirements for Legal Aid we offer private paying services.
To find out more about our legal services or to speak to one of our specialist criminal defence solicitors in Hampshire, please get in touch today on 023 9282 0747. We will be happy to assist.