Thread: Driver
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Old 28th May 2009, 18:06
G-CPTN G-CPTN is offline  
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In the UK (well, at least England - Scottish Law is different, believe it or not - and I don't know whether they have laws in Wales ;-) there is just careless (or 'driving without due care and attention') - which cannot have any subsequent deaths taken into consideration - and dangerous - which can also be 'causing death by dangerous driving' (if relevant).

Any prosecution for 'careless' driving carries lower penalties (and a lesser 'burden of proof') - and, if death resulted because of any careless action no mention is made during the court case.

'Dangerous' driving prosecutions carry heavier penalties (and are usually heard in a higher court - with barristers rather than 'mere' solicitors) and therefore the 'burden of proof' is higher (and any death or serious injury will be part of the evidence I believe). If 'dangerous' is not proven (ie the defendant is found not guilty) there may be a conviction for the lesser charge of 'careless' driving - though there may just be a complete discharge.
I'm not an expert (ie I've never been involved in any cases) so I might have it wrong.

I believe that 'excessive' speed can provoke a charge of dangerous (without any collision) and may 'upgrade' a charge from careless to dangerous.

http://www.driving-law.co.uk/offence...ss_driving.asp

http://www.cps.gov.uk/legal/s_to_u/s...erous_driving/

Last edited by G-CPTN; 28th May 2009 at 18:20.
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