Can Dangerous Driving Charges Be Reduced To Careless Driving?

A conviction for a dangerous driving offence can come with serious penalties, including an unlimited fine and a custodial sentence in the most serious cases. However, the standard that must be met for driving to be considered dangerous is subject to interpretation, and it is sometimes possible to argue that the charge should be reduced to careless driving instead. Driving without due care and attention, as it is officially known, is a lower-level offence and comes with less serious penalties.

Whether a dangerous driving charge can be reduced to careless driving in a specific case depends on the circumstances of the incident and whether the prosecution has enough evidence to prove the higher legal threshold required for dangerous driving.

If you have been accused of driving dangerously, getting expert legal advice at the first opportunity (whether that be interview, or otherwise) is key. JMW's dangerous driving solicitors can review the evidence, determine whether it justifies a dangerous driving charge or should be reduced to careless driving, and provide the legal representation and support you need to achieve the best possible outcome.

What is the difference between dangerous driving and careless driving?

The differences between careless and dangerous driving is primarily the extent to which a person's driving falls below the standard expected of a competent and careful driver, and in the penalties the court can impose.

Dangerous driving

Under the Road Traffic Act 1988, a person is driving dangerously where:

• The way they drive falls far below what would be expected of a competent and careful driver.
• It would be obvious to a competent and careful driver that driving in that way would be dangerous.

Danger in this context means a risk of injury to a person or serious damage to property.

Examples of conduct that may amount to dangerous driving include aggressive driving, deliberate risk taking, dangerous overtaking, seriously excessive speed or ignoring traffic lights and road signs. Driving a vehicle with a dangerous fault can also meet the requirements of a charge if the danger would have been obvious to a competent driver, regardless of any specific incidents of driving behaviour that may be considered "dangerous".

Using a mobile phone, driving when tired, or driving while affected by a medical condition also amount to dangerous driving in some cases.

Careless driving

A careless driving offence occurs when someone's driving falls below the standard expected of a competent and careful driver. The driving does not have to fall far below that standard or involve the obvious danger required for dangerous driving.

Driving without due care could therefore include a momentary lapse of concentration, a misjudgement when turning, or failing to pay sufficient attention to other road users. However, while this can seem minor, driving without due care and attention is a criminal offence under the Road Traffic Act 1988 and will result in both penalties and a criminal record if you are convicted. The most serious careless driving cases that involve serious injury can also attract custody, albeit less than that available for an offence of dangerous driving.

While one approach to defending these charges is to show that the driver's standard did not meet the threshold for dangerous driving, it remains important to mount the strongest possible defence to the careless driving charge. The specialist road traffic lawyers at JMW often engage reputable independent experts (such forensic collision and telecommunications experts) to assist in this argument.

How does reducing a dangerous driving charge to driving without due care and attention help?

Because careless driving is a lesser offence than dangerous driving, the penalties are far less significant. Dangerous driving carries a maximum sentence of up to two years' custody, and a minimum mandatory driving disqualification of at least 12 months. You will also need to reapply for a provisional licence and pass a compulsory extended driving test before you can get back behind the wheel. Given the seriousness of these penalties, the differences between the two offences are stark.

Careless driving does not normally carry a prison sentence (although it is within the sentence range for offences involving serious injury), and any driving ban is discretionary rather than mandatory. The offence is usually punished by a fine and between three and nine penalty points. The court can impose a driving ban in more serious cases but, even so, these penalties are less severe than those for dangerous driving.

With this said, separate offences and substantially higher penalties can apply where dangerous driving has caused death or serious injury, so your solicitor should establish exactly what offence is being investigated or prosecuted to give you a realistic expectation of the defences available and potential sentences.

Depending on the circumstances, a conviction can also affect employment, particularly for professional drivers, as well as insurance premiums. This will apply whether you are convicted of dangerous driving, driving without due care and attention, or another offence.

When can dangerous driving be reduced to careless driving?

A dangerous driving charge may be reduced to careless driving if the evidence does not support the higher threshold for the more serious offence. Dangerous driving requires the prosecution to prove beyond a reasonable doubt that the driving was far below the necessary standards. Your solicitor will review the prosecution's evidence and, if there are grounds to argue that careless driving is the appropriate charge, make representations to the Crown Prosecution Service (CPS) to have the charge reduced.

The CPS has a duty to review the cases it prosecutes. Its Code for Crown Prosecutors states that prosecutors must take account of developments in the case, including information about the defence case or material that undermines the prosecution. This can lead to charges being altered or discontinued where appropriate.

For example, the evidence might show that the incident resulted from a momentary lapse rather than sustained, aggressive or deliberately risky driving. The prosecution may be able to prove that the person was driving without due care, but not that their driving fell far below the standard expected of a competent driver and that there was an obvious risk of danger in such a case. In some cases, after thorough consideration, we may recommend that you plead guilty to the lesser offence of careless driving in exchange for the CPS withdrawing a dangerous driving charge.

Evidence is the key to such cases. JMW specialises in collecting dashcam footage, CCTV, witness statements and other material to build a strong case on your behalf. We aim to ensure that any charges are justified by evidence, and to reduce any unfair penalties that would otherwise be imposed. Sometimes, a mechanical failure, unexpected weather conditions or a medical event can be responsible for a driver's actions, which can amount to a defence or lead to reduced charges.

What evidence can make the difference in court proceedings?

The classification of dangerous driving turns on detailed evidence about what happened immediately before and during an incident. Where available, relevant evidence will include:

• Dashcam and CCTV footage that shows the speed, position and movement of the vehicle.
• Witness statements from passengers and other road users.
• Evidence from experts on collision reconstruction or a mechanical failure.
• Medical evidence, where a medical condition may have affected the driver's behaviour.
• Photos or other evidence that shows road conditions, visibility, road layout, weather and surface conditions.
• Mobile phone logs, if distraction due to phone use forms part of the prosecution's case.