definition of dangerous driving

[Pesk]

My son (21 & clean driving licence since 17), when parked on a hill let off the hanbrake so as to roll down a couple of metres to pick up a friend waiting on the kerb. An elderlyish lady crossed in front of him. Not having the ignition turned on, the handbrake didn't work and by the time he slammed the footbrake on he had hit the woman. She wasn't seriously injured but the police said he might be charged with dangerous driving which seems a bit harsh. Any ideas on what he might be charged with? He's mortified at what has happened. If charged how long might it be until he has to go to court as he's just got a new job that involves driving.

[Yorkie580]

"A person drives dangerously when:
The way he drives falls far below what would be expected of a competent and careful driver
AND
It would be obvious to a competent and careful driver that driving in that way would be dangerous"

The definition of 'careless driving' is this:
". . . when the accused's driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case"

The wording of the statutary warning that is given is that the driver will be reported for the question to be considered of prosecuting him/her for the offence of dangerous, careless or inconsiderate driving.

The decision isn't made by the officer at the scene but by the accident investigation team in conjunction with the CPS. They will opt (unofficially) for the best hope they've got at court so that court time is reduced, rather than necessarily going for the full offence. If it does go to court it is unlikely to be for dangerous driving (if you've been given the full story).

From the circumstances described, it sounds more likely that he would be summonsed for be "not in proper control of the vehicle" or "careless driving" rather than dangerous driving.

Wait to see what comes through and then speak to a solicitor if necessary. As to waiting times, you could always try calling the local police station to get an update.

[chazza]

This is off the point a bit but you say his handbrake didn't work because the ignition was off - why was this?

[daffy654]

I wondered that too chazza,i'm not a driver but as far as I know the engine doesn't have to be on for the handbrake to work.

[Pesk]

THanks for you answers everyone. He says the police told him because the ignition wasn't on, the handbrake wouldn't be as effective and the car would have only stopped using footbrakes. He was very shaken afterwards so might not have taken in all that was said to him.

[Wellard]

Lets face it. It was an utterly stupid thing to do. He deserves a stiff punishment to teach him a lesson.

[danchip]

think your son got it the wrong way round, footbrakes dont work as well when the engines off, handbrakes aren't affected by the engine running or not

[Pesk]

Yes I agree it was a stupid thing to do but he was on an errand for his employer and wasn't used to the car. Again no excuse but he's got to get his head around whatever penalty he's likely to get. We're also concerned about the lady he injured and wants to write an apology but there is no way of doing it as obviously her details rightly wouldn't be released.
THanks for all your comments.

[Yorkie580]

I would contact the police traffic process dept that are dealing with it and ask if they could forward a letter to the lady - if you send it unsealed then they can make sure there are no problems with it.

[Pesk]

Good idea - thanks

[seatrout]

The deciding factor on the charge is the degree of carelessness not the injuries that were caused. It sounds more like a careless driving than dangerous to me

[sfy]

i'd say careless driving/ failure to control vehicle as previously stated.
If your son has clean licence/criminal record then i couldn't see a magistrate taking his licence for a mistake, all be it a supid one. A letter of apology would also go a long way.

[Pesk]

Thanks to all of you for answering. I find your answers all very reassuring. He has written an apology, left it unopened as suggested & posted it to the relevant police station. We shall just have to wait and see what happens.