Dangerous Driving

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       The police say I drove dangerously...

If your standard of driving falls far below that which would be expected of a competent and careful driver and it would be obvious to such a careful and competent driver that such driving was dangerous, you will be guilty of an offence under s.2 of the Road Traffic Act 1988.  This offence has been recently broken up into two offences by the creation of the offence of causing serious injury by driving dangerously.  If convicted of the basic offence, you will face a mandatory driving ban for at least one year and at the crown court the potential of a prison sentence of up to 2 years.  There is also an aggravated version of the offence called death by dangerous driving which carries an even higher penalty.  Motoring lawyer Marcus Croskell has over a decade’s experience of defending clients in Suffolk, Essex, Norfolk and Cambridgeshire in serious cases such as these.

       What does competent and careful driver mean?

Most clients’ first question is whether or not they have a defence.  Every case is different and the test of a competent and careful driver is not easy to define.  The jury or magistrates will use their common sense and take into account the prevailing circumstances at the time.  For instance, if it is raining and a vehicle hits a patch of standing water causing it to aquaplane, they may consider the driver acted competently and carefully if they were going at a sensible speed at the relevant time.  At the extreme end of the scale, it is often obvious that a course of driving is dangerous.  Marcus Croskell defended a male in 2008 who had no option but to plead guilty.  The male was three times over the drink drive limit and drove across the Orwell Bridge on the A12 the wrong way.  Despite the extemely serious nature of his driving, Marcus Croskell mitigated for him and he was sentenced to only 10 months prison.  See the local new article from the time here 

        Case Study

Marcus Croskell was instructed to take over a case following the client losing confidence in his previous solicitor during the trial where he was found guilty of danagerous driving.  Marcus advised him on every aspect of his sentence including the likelyhood of a prison sentence.  The victim in this case was seriously injured and had to be airlifted to hospital.  The jury at Ipswich Crown Court had found him guilty of falling asleep at the wheel.  This meant that he faced on the guideline cases a term of imprisonment.  Full mitigation was presented to the Crown Court judge highlighting his medical issues, his age and family circumstances.  The judge was persuaded to suspend the prison sentence and allow him to keep his liberty.  For full details of the court case in the local press see the newspaper report HERE.

Specialist motoring offence lawyer Marcus Croskell can provide the reassuring and robust advice you need to help you or someone you know through the traumatic time of being prosecuted for a serious driving offence.  Marcus Croskell based in Suffolk will assist you prepare you case for trial or if need be, sentence to give you the best result possible.  Contact him today for an initial FREE legal enquiry by EMAIL HERE or on 0843 886 2603 quoting reference: marcuscroskell.com.