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Take Due Care and Pay Attention

Jan 07, 2014
The conviction of a North Yorkshire man for dangerous driving, as he drove with his hands behind his head, should be a warning to those facing allegations of “dangerous driving” and the less serious offence of “driving without due care and attention”. The difference between the definitions is one word “far”. Dangerous driving is “driving which falls far below that of a careful and competent driver”  Driving without due care is “driving which falls below that of a careful and competent driver.” In this case the court felt that 30 seconds of both hands behind the head with interlocked fingers, amounted to Dangerous driving, fortunately the decision is not binding on other courts.

A three letter word can make the difference between the ban, extended driving test and risk of prison that comes from a conviction for Dangerous driving, or the points and fine that normally results from a conviction for driving without due care.

Such a narrow difference, with the large disparity of penalty, illustrates why, when facing this type of allegation, it is important to have representation from a specialist who knows the detail and the implications of one three letter word.

Pete Dodd

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Pete Dodd

Pete joined Nockolds in 2004 as a Partner within the Family Team. Before joining the firm Pete graduated from Bristol University with a degree in ...

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