car accident

[gina32]

a friend of mine was in a car accident last week, her car was a write off and the other driver says he thinks his will be as well, my friend received a letter from the cps yesterday saying they are looking into the accident and will inform her within the next 6 months, she is very worried and wondering why they are doing it, any help please as to why? many thanks

[New Judge]

They may be considering a charge of careless or dangerous driving. They have to inform your friend of the possibility of prosecution within 14 days of the alleged offence and have six months to bring the matter to court.

[gina32]

thanks but how would they class it as either of those? and what would be the result if it is taken further?

[New Judge]

Careless driving:

�...if the standard of driving falls below that which would normally be expected of a careful and competent driver�

Dangerous driving:

�...if the standard of driving falls far below that which would normally be expected of a careful and competent driver�

Not very helpful, I know, but they are the legal definitions. Despite there being only one word of difference between the two, in practice they are vastly different offences.

Careless driving can be charged where a momentary lapse of concentration occurs. For example, colliding with the rear of a vehicle, pulling out from a side road and causing a collision. Note, however, that although usually charged following an accident, an accident does not have to take place for the offence to be proved.

Dangerous driving is usually charged where a sustained and deliberate act of bad driving occurs. For example following a police chase.

The usual penalty for careless driving is a fine of one week�s income and between 3 and 9 penalty points (depending on the nature of the carelessness).

Dangerous driving can result in up to two years imprisonment. It also carries a mandatory ban of 12 months minimum (unless there are special reasons for not doing so) and an extended re-test must be taken before driving can resume.

[gina32]

thanks for that, i dont think i will tell her, she is nearly 7 months pregnant and this is the last thing she needs. would the other driver also have been notified by cps as well?many thanks for taking your time to answer me

[fredpuli47]

It is not possible to say for certain whether the other driver will have received such a letter but it seems quite likely, given the nature of it. It would be very embarrassing for the CPS if they finally discovered the other driver was at fault and were too late to do anything about it !

In years gone by the rough test for dangerous driving (as distinct from careless driving) was whether an ordinary road user who saw the driving would immediately think "Goodness!That's dangerous!" That folksy definition is more easily understood than the word 'far' (above) or lengthy directions about knowingly or recklessly presenting an obvious risk of injury or serious damage ever are. :)