Careless Driving In Scotland
Careless-Driving In Scotland This is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. Accused of careless driving in Scotland? Then ask us about your own case right now!What Constitutes Careless Driving?Careless driving charges are usually brought as a result of accidental or careless acts and, consequently, often follow unintentional incidents such as collisions, accidents and general Road traffic accidents involving poor driving habits. For example an unintended road traffic accident which has resulted in no serious damage or injury may incur a charge of careless driving or driving without due care. Section 3 of the Road Traffic Act relates to careless and inconsiderate driving and concerns those who drive a motor vehicle on a road in a manner that falls below what would be expected of a competent and careful driver or alternatively drives without reasonable consideration for other persons using the road or place. It must be shown however that these 'other persons' have actually been inconvenienced in some way by the person's driving. Circumstances known to have been within the knowledge of the accused must be taken into regard.Police Procedure If you are involved in road traffic accident the police may wish to interview you under caution if they feel that there is a reasonable suspicion you have committed an offence. If you refuse to attend on a voluntary basis they may decide to arrest you in order to carry out the interview. In this event you will NOT be entitled to free representation by either the local Duty Solicitor or a solicitor of your choice.You are NOT entitled to a solicitor to be present with you during questioning. You are entitled to see a solicitor before you appear in court, There is a big difference-often misunderstood by the general public but explained, on some occasions, with some glee by the arresting officers.The discretion of the duty officer often is exercised in the interests of justice and the accused by allowing access to a solicitor at this time but it is not an entitlement. (Nor are you entitled to a free phonecall)Careless Driving Crimes and the Penalties · Causing death by careless driving under the influence of drink or drugs s3a rta As this crime is such a serious matter the court must disqualify for a minimum of 2 years and may also impose a prison sentence of up to 14 years and/or an unlimited fine. The Court may also order an extended re-test on disqualification which involves passing a theory test for the category of vehicle you intend to take and a more demanding test than normal. The test lasts about 70 minutes and covers a wide variety of roads, usually including dual carriageways. You are advised to prepare by taking suitable instruction from an approved driving instructor (ADI). Where prosecution for the full offence has been unsuccessful the alternative verdict of causing death by careless driving is permitted. This is significant because it ensures that drivers, who might otherwise have escaped conviction for those more serious offences, can still be sentenced for the lesser offence. Causing death by careless, or inconsiderate, driving s3 or s2B? RTA The Road Safety Act 2006 creates a new offence of causing death by careless, or inconsiderate, driving. This crime attracts obligatory disqualification and has a maximum penalty of five years imprisonment. An alternative verdict of careless driving is permitted where prosecution for the offence has been unsuccessful. This crime is relatively new, coming into our legal system in August 2008 and is a fairly controversial piece of legislation due to the threat of imprisonment for a crime that does not require 'mens rea' or, in other words, any criminal intent. In the past Scottish courts have been unable to take the consequences of careless driving into account in their sentencing- For one obvious reason. "The driver didn't mean it and his driving did not fall far below what a reasonably competent driver would have done in the same circumstances" Causing death when driving when unlicensed, disqualified or without insurance. The aforementioned Road Safety Act 2006 also creates the offence of causing death when driving when unlicensed, disqualified or without insurance. The offence has a maximum penalty of two years imprisonment and/or an unlimited fine. It also provides for obligatory disqualification and endorsement. Unlike the other death by driving offences, this offence is not linked to the standard or quality of driving on the part of the accused. Culpability arises from the offender driving a vehicle on road when by law he is not allowed to do so. Again a controversial approach due to the risk of imprisonment for what may be a genuine oversight or error. eg. Direct debit failed to meet your insurance premium and the insurance company cancelled the policy!Careless driving and inconsiderate driving (s3 Road Traffic Act 1988 - RTA. Mitigating fac