UK Dangerous Driving Penalties

The Road Traffic Act of 1988 outlines three main categories of unsafe driving: inconsiderate driving which includes the lesser offence of driving without due care, dangerous driving which can, dependent on the circumstances be a very serious offence and causing death by dangerous driving which always carries with it the risk of imprisonment. The penalties for each category of unsafe driving reflect the relative seriousness of the offence - ranging from fines for the least serious, to disqualification from driving and a prison sentence where life is endangered or taken.

Careless driving, defined under Section 3 of the Road Traffic Act of 1988 is:

"Driving which falls below the standard of a reasonably competent and careful driver."

Dangerous Driving, defined under Section 2A of the Road Traffic Act 1988 is:

"Driving which 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."

Causing death by dangerous driving is an extremely serious offence which usually warrants a severe penalty. The sentence for this type of offence will normally be imprisonment which can be suspended where there are strong mitigating circumstances. There are rare occasions where a sentence of imprisonment will not be appropriate. The standard of the offender's driving at the time of the occurrence is a primary factor in determining the sentence as follows:

o A momentary lapse in judgment or a very short period of bad driving which is judged to be dangerous without any aggravating features will probably result in a short sentence of imprisonment.
o Aggressive driving or deliberately driving at an excessive speed or if driving was impaired by drugs or alcohol will likely result in a sentence of imprisonment of two to five years.
o For offences, where the driver has driven with a complete disregard for the safety of other road users or when there are aggravating features, a likely sentence will be between five and ten years.

In road traffic incidents, the police will not generally investigate unless an injury has occurred however cases which involve serious injury or death will be investigated by experienced police officers with a specialty in road traffic accident investigations. In addition, where the circumstances warrant it, a member of the specialist Accident Investigation Branch will assist the police. All evidence gathered in the investigation is sent to the independent Crown Prosecution Service which is staffed by lawyers who take the ultimate decision on prosecution. It is independent solicitors who will decide whether to pursue charges against the driver responsible for the accident and not a member of the police force.

In most cases, claims for compensation must be made to the drivers insurers or if uninsured or untraced as in a 'hit and run' incident to the Motor Insurers Bureau which indemnifies uninsured or untraced drivers and pays compensation to innocent victims however there are circumstances where the vehicle is used as a weapon in a deliberate attempt to injure a 3rd party and in those cases it is also possible to make a claim for financial recompense to the Criminal Injuries Compensation Authority, outlined in detail at actusre.us which is a specialist website dealing with compensation for the innocent victims of crimes of violence.

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DUI Convictions - Three Hidden Penalties For DUI Convictions

There are a lot of reasons that driving under the influence (DUI) is a bad idea. And, there are some hidden penalties that most people don't think about that are pretty harsh.

Most people are unaware of any penalties for DUI beyond jail, probation, loss of drivers licenses and fines. But here are some consequences that you probably haven't considered.

1. Career penalties.

Many companies do a background check before hiring a new employee. It might not matter that you graduated at the top of your class. That one DUI mistake might cost you your dream job, and will likely affect ALL your job prospects for at least ten years.

Also, many companies have company cars and trucks. In my insurance claims industry, many claims adjusters are provided company cars with expenses paid. But if you've had a DUI, you can forget driving the company vehicles. That might cost you your job.

That career loss might cause you to have...

2. Budget penalties

Your insurance premiums will skyrocket...that is, if the insurance company doesn't just cancel your policy. But some high risk company will insure you. Then, once you have high premiums, they will likely stay that way for 3-5 years. They could affect your rates for as much as 10 years.

You may not be able to afford the insurance premiums to drive you car. I've seen young drivers with a clean record and full coverage pay $350 per month for insurance. My son spends $170 per month on a 12-year-old Volkswagen with only liability coverage. What if your insurance premium becomes more than your car payment? What will you do?

If you're married, and there is more than one car in the family, you will be rated on your spouse's car also. That might make that car unaffordable also.

3. Travel

You might have a desire to see the world. You may be a person born in another country and immigrated to America. But if you have a DUI conviction here in the USA, you may not be able to travel at all, or your travel will be severely restricted.

Nearly every country considers any type of criminal conviction a primary reason to refuse entry into their country. Most all DUI convictions are misdemeanors unless there is a death, or if you are a repeat offender. Those are felonies. Some nations only have restrictions on felonies, but some restrict ALL crime. Some nations may place a restriction on the number of visits due to a DUI conviction. The decision is entirely at their discretion.

If you wanted to travel outside the USA after getting a DUI conviction, you would have to hire an immigration attorney to appeal for you, which could cost you many hundreds of dollars with no guarantee of success.

Let's finish with a philosophical argument against laws that penalize a person who is driving after drinking alcohol.

Criminal law says that if you drink alcohol and drive a car, you are committing a crime. But if a person who has consumed alcohol gets in his car and drives, and does not injure another person or cause damage to any property, and reaches his destination, no actual physical negligence has occurred. Just the mere presence of alcohol in his bloodstream should not constitute a crime.

Why should it be unlawful to ingest a food product, even if that food product affects your ability to drive safely? Many other things can be ingested by people that alters their ability to drive, and there are no laws against them. If you smoke marijuana and drive, no crime. Even if you fall asleep while driving, most jurisdictions do not have criminal statutes against sleepiness. Prescription drugs can alter driving ability, but no crime is assessed.

However, negligence is usually not hard to prove. Negligence is a completely different act, and drinking alcohol is not negligent. Human acts that flow from drinking can be negligent, but drinking alcohol is not negligent.

That's why I believe that DUI laws are wrong. Enforce criminal negligence, but not alcohol consumption.

Having said all that...the LAW is what the law is. Disagreeing with it won't keep you out of jail. Obey the law and lobby for the law to change.

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