Careless Driving, Section 59 & Section 165 Flashcards
Currently, what are the only circumstances in which phone use can be prosecuted under driving offences?
Only where the phone is used for communication whilst driving
What is the broad quality of Careless Driving?
That the quality of driving falls below expected standards
What is the broad quality of attention in offences of Careless Driving?
That a failure to pay proper attention would lead to more than a mere lapse of concentration
How is death by dangerous/careless driving triable?
On indictment, in Crown Court
What is the penalty for death by dangerous/careless driving?
Max 14 years imprisonment
Which extract of legislation covers Careless and Inconsiderate Driving?
Section 3, Road Traffic Act 1988
What is the definition of Section 3 Careless and Inconsiderate Driving?
If a person drives a MECHANICALLY PROPELLED VEHICLE on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
What is the Actus Reus of Section 3 Careless and Inconsiderate Driving?
That the suspect drives a mechanically propelled vehicle (MPV) on a road or other public place
What are the Mens Rea of Section 3 Careless and Inconsiderate Driving? (2 types)
1) Driving without care and attention
2) Driving without reasonable consideration
Where can Section 3 Careless and Inconsiderate Driving take place?
Only on a road or other public place
With respect to what class of vehicles can Section 3 Careless and Inconsiderate Driving take place?
Mechanically propelled vehicles (MPVs) - anything designed to convey somebody
What are the key points to prove with respect to any charge of Section 3 Careless and Inconsiderate Driving? (5 points)
1 - That the vehicle is an MPV 2 - That the driving takes place on a road or public place 3 - That the suspect is driving 4 - Without due care 5 - Without consideration
What is the definition of driving without “due care and attention”?
Driving without the standard of care or attention of a reasonable, prudent, competent driver
Would momentary lapses of care or small errors of judgement be sufficient for a legitimate charge of Section 3 Careless and Inconsiderate Driving?
Yes
What is the definition of driving without “reasonable consideration”?
The causing of some ACTUAL INCONVENIENCE to another driver - this must be proven with evidence from the driver!!
What MUST be done if a charge of Section 3 Driving without reasonable consideration is made?
You MUST get proof from the other driver who has been inconvenienced
What considerations should be made when deciding to make a charge under Section 3 Careless and Inconsiderate Driving?
Think about which of the Mens Rea you will actually charge with. Driving without due care and attention does not require proof. Driving without reasonable consideration requires this.
What is the first defence available to a charge of Section 3 Careless and Inconsiderate Driving?
Automatism (i.e. bee in the car)
What is the second defence available to a charge of Section 3 Careless and Inconsiderate Driving
Unconsciousness/sudden illness
What is the third defence available to a charge of Section 3 Careless and Inconsiderate Driving
Driving under duress i.e. under threat
What is the fourth defence available to a charge of Section 3 Careless and Inconsiderate Driving
Sudden mechanical defect
What is the fifth defence available to a charge of Section 3 Careless and Inconsiderate Driving
Assisting in arrest of offenders