Driving Offences

Levels

There are a number of levels of offence covering   dangerous, careless and inconsiderate driving.  There may be a question of  judgment as to which category the driving falls into if any.

Dangerous driving is intended to cover the more serious cases. The offence of dangerous driving causing serious injury or death is not separate to that of dangerous driving. It is a particular aggravation of the same offence. Dangerous driving not causing serious injury or death is a summary offence only.

Careless driving is lesser than dangerous driving. It is a standard of driving that falls  appreciably below the standard of care expected of a reasonably competent driver. It involves creating a risk that such a driver should know to avoid recognise and avoid.

Dangerous Driving

It is an offence to drive a vehicle in a public place in a manner (including speed) which having regard to all circumstances is dangerous to the public.  The circumstances include the condition of the vehicle, the nature, condition and use of the place, the amount of traffic then or which might reasonably be expected to be there.

Dangerous driving is driving in a manner which a reasonably prudent man would recognise as involving a direct, immediate, and serious risk to the public in the circumstances.    It is usually thought to mean driving in a manner which an ordinary prudent man would recognise as involving unjustifiable risk of harm to the public.  This goes to the element of culpability.

The primary focus is on the driving itself. It has been defined as driving in a manner which a reasonably prudent man in the circumstances would recognise as involving a direct immediate and serious risk of harm to the public.

Dangerous driving generally require some element of  fault. It involves a much greater degree of fault than negligence. The misconduct need not be intentional or even reckless if objectively speaking the driver is at fault.

Factors

Account is taken of the totality of the circumstances and context. Weather conditions, traffic, the presence of pedestrians, the width of the road and so on are potentially relevant.

The dangerous driving can relate to the manner of driving. This will normally be evident to observers. Speed will often be a significant element of dangerous driving. A critical and basic obligation of drivers is to be able to stop within an area which is seen to be clear. The overall distance encompassing reaction and braking distance varies significantly with speed and the weather conditions. Therefore driving at a lower speed in wet weather may be dangerous where it is not possible to stop for unseen hazards.

The definition of dangerous driving includes dangers referable to the condition of the vehicle. If the defect is apparent to the driver this may make driving dangerous where it constitutes a risk to the public. If the defect is unknown despite proper care it is less likely to be a factor. If a person has reckless disregard in relation to a defect this may be a significant element pointing towards dangerous driving.

Evidence that the accused consumed alcohol is relevant and admissible. The mere fact that a person was not exceeding the speed limit is not a defence against dangerous driving.  The above-mentioned defences involving sudden loss of control beyond a person’s ability to avoid it are available.

The consumption of alcohol may be a relevant factor. Consumption of a quantity of alcohol over the legal limit is likely to impair a person’s ability to drive safely. Where the person is significantly over the limit the danger is greater and more likely to lead to conviction for dangerous driving

It is not a defence that the person was driving at or below the speed limit. A person may be convicted of the lesser careless driving offence in proceedings charging dangerous driving.

Penalties

On summary conviction a person may be fined up to Class A Fine and imprisoned for up to six months or both. On conviction on indictment  there is a maximum prison term of 10 years and a fine up to €20,000.

In a prosecution for dangerous driving a person may be convicted of careless driving.

There is no time limit where the offence is charged on indictment. There is compulsory endorsement on licence. There is provision for automatic disqualification.

Where a person is convicted of dangerous driving there is a mandatory two year disqualification. This applies whether the person is convicted on summary conviction or on trial on indictment. In the case of a second offence the mandatory period of disqualification is four years.

Where a person is convicted on indictment the mandatory disqualification is for four years. The person shall require a certificate of competency or a certificate of fitness and both unless there is proved to be a special reason which must be specified in the order otherwise.

Disqualification

Where a person is convicted of dangerous driving in the case of a first offence where there are special reasons which are proved by the defendant to exist, the Court may decline to make an automatic disqualification order or specify a period of less than a year.

Where the circumstances are not proved there is a disqualification of one year on a first offence, not less than two years on a second and subsequent offence within three years.  In the case of a conviction for dangerous driving causing death or serious bodily harm longer disqualification applies.

Special reasons may depend on the circumstances.  They must relate to nature of the offence and public safety and not personal circumstances of the driver.  If accepted the special circumstances must be stated in the Court order of conviction.

Causing Death

The offence of dangerous driving causing serious injury or death is not separate to that of dangerous driving. It is a particular aggravation of the same offence. Dangerous driving not causing serious injury or death is a summary offence only.

If dangerous driving causes death then the trial is on indictment. In the case of dangerous driving causing death or serious bodily harm sentencing will depend on the entire circumstances.  Such cases may be very serious and attract significant penalties including imprisonment.

Dangerous driving dangerous driving by itself of or causing serious injury or death requires no specific intent. In the case of dangerous driving causing serious injury or death, the court will consider the range of aggravating and mitigating circumstances that may apply. This will include many of the same considerations as apply in serious criminal offences. Therefore, and to a greater extent the degree of fault would be relevant. See generally the sections on sanctions and mitigation.

In the case of dangerous driving causing death or serious bodily harm there  is automatic disqualification of the driver.  Furthermore the driver must produce a certificate of competency of fitness before licence may ever be regained.  Special circumstances may entitle the Court to remove the requirement to obtain a new certificate of competency.

Aa person may be convicted of manslaughter for causing death by driving.   It is more likely than the person will be prosecuted on indictment for the offence of dangerous driving causing death or serious bodily harm.

Careless Driving

It is an offence to drive a vehicle in a public place without due care and attention.  There is no definition. Due care attention would be expected to refer to the standard of skill, care and attention which a competent and prudent driver is expected to show in the circumstances.

The test of careless driving is whether the driver has driven with the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.  It is an objective test and in no way related to the proficiency and degree of experience of the particular  driver.  It is not a defence, but the learner driver was doing his best.

As with many other road traffic offences it is an absolute offence.  If however it can be shown that a person suffered an immediate illness or fit such that he could not prevent the events concerned there is likely to be a defence.  An emergency is not a defence.

Penalties

A person may on summary conviction be subject to a class A fine. The Court may disqualify. A mandatory disqualification arises where there is a commission of second or subsequent offence within three years.  Endorsement of the licence is mandatory in each case. A careless driving conviction carries five penalty points. There is no provision for a penalty notice.

A person who committed the offence causing serious bodily harm or death to another is liable on conviction on indictment to imprisonment up to 2 years and fine up to €10,000 or both.

A person may be convicted of careless driving in a prosecution for dangerous driving. He may not be convicted of the lesser offence of driving without reasonable consideration in the same prosecution. As is the position generally with criminal convictions, a person convicted of dangerous driving or acquitted of dangerous driving may not usually be charged with the same or a lesser offence. Dangerous driving includes the lesser offences.

Factors

The courts have indicated that the requisite penalty for careless driving depends on the degree of carelessness and culpability of the driver.  They may be mitigating and aggravating circumstances.

Careless driving is lesser than dangerous driving. It is a standard of driving that falls  appreciably below the standard of care expected of a reasonably competent driver. It involves creating a risk that such a driver should know to avoid recognise and avoid.

The test is objective. The mental state and condition of the person concerned is not determinative. The person need not be aware that he was driving carelessly. Where person has suffered badly injured or is killed it may be relevant as a factor in sentencing.

The line between careless and dangerous driving depends on the circumstances of the judgement of the court.. As with dangerous driving, regard is had to the totality of the circumstances. The driving concerned will often constitute a breach of the rules of the road although not necessarily so.

All of the factors mentioned above are  relevant to careless driving as they are to dangerous driving. Although the test is objective, it may be possible in exceptional circumstances to show that the person was not driving carelessly because of  circumstances such as a sudden medical emergency or equivalent onslaught caused him to drive carelessly. If they were negligent about the risk of such a circumstances this they would itself be careless. Likewise the driver who falls asleep may be found careless for permitting himself to be in this position.

Breaches of the rules of the road by themselves would not be sufficient.  However a series of breaches may amount to careless driving.

Reasonable Consideration

It is an offence for a person to drive a public place without reasonable consideration for other persons using the place.  Reasonable consideration depends on the circumstances.  It is regarded as less than the more serious offence of careless driving.

A fixed charge notice applies to the offence with two penalty points if the offence is admitted.  A person so convicted is subject on summary conviction to the general penalty. He is subject on conviction to 4 points. If he accepts a fixed penalty notice, he is subject to 2 points.

Driving without reasonable consideration is a lesser offence than careless driving. What constitutes the offence is one of fact in the circumstances. Failures of consideration for  others which do not constitute a breach of the rules of the road may constitute the offence.