Driving Offences

Whatever the charge, a criminal trial can have life-changing results for all involved.

Although that can be said of all offences it is even more apposite in the field of Road Traffic Law. Driving offences remain a unique area of criminal law: every single otherwise law-abiding member of the public may one day find themselves accused of a driving offence.  A momentary lapse of concentration can have devastating results.

One of the most common, but mistaken assumptions, is that since driving is an every-day activity and is a matter so routine, driving cases are ‘easy’ for Counsel and Defendant alike. This cannot be further from the truth.

Very few people set out to drive dangerously; no one sets out to drive carelessly.  The consequences of either can have impacts on many levels.

The historical perceived inadequacy of sentencing has been addressed by Parliament.  The resulting changes to offences and sentencing highlight how important it is to have proper representation by those really experienced in this field.

By way of example, for causing Death by Dangerous Driving the maximum sentence is Life Imprisonment.  Sentencing Guidelines indicate the lowest starting point in such a case (where the driving is just over the threshold of dangerous driving) is 3 years’ imprisonment with a range of 2-5 years’ custody.  For any offence where one of the common aggravating features is present (e.g. use of a mobile phone or driving when deprived of adequate sleep or rest) the starting point is 6 years’ imprisonment with a range up to 9 years’ custody.

In comparison, for certain ‘culpability B’ cases for fraud of a value based on £1 million, the starting point is 5 years, with a range of 3-6 years’ imprisonment.  Fraud on that scale is often the product of careful planning and execution, with an extensive and researched forensic trail.  In contrast a driving case is usually the product of seconds.

The scope of prosecution for traffic offences has also widened considerably: it is readily understandable how the offence of Causing Serious Injury by Careless Driving can be engaged in any vehicle versus pedestrian impact.  There are potentially significant consequences as Guidelines for this new offence reveal that, in many instances, the Court will be considering custody.

Of course the effect of any motoring conviction may result in consequences way beyond the initial offence: disqualification, increased insurance premiums, impact on employment.

Beyond the potential seriousness of the consequences, cases involving driving offences include those where technical knowledge of legislation is key and where an understanding of the science of motoring is important.

These matters simply illustrate that all is not as simple as it may seem.  Even beyond the intricacies of Road Traffic Law, driving cases are every bit as forensically challenging and tricky as those which appear superficially more complex.  It really does pay to go to those who specialise in this field.