Over the course of the past year, we have seen an increase in examples of clients seeking advice after road traffic incidents or collisions where they have been told by police that the matter would likely be dealt with by way of a £100 fine and that would be the end of the matter, only to be hit with a court summons months later, facing criminal charges for dangerous driving or careless driving.

This can be a stressful situation, and clients often don’t realise the serious impact of such charges should they plead guilty or be found guilty by the court.

It’s important to remember that the police cannot provide legal advice. A part of the police role in respect of a collision or road traffic incident is to investigate and establish the circumstances of what happened.

How dangerous driving and careless driving charges are determined

The police are a reporting authority to the Crown Office and Procurator Fiscal Service (COPFS) which is Scotland’s sole prosecution authority. This means they may make a report to COPFS naming suspects for criminal prosecution and, ultimately, it is COPFS that decides if a person should be prosecuted and what charges to progress, not the police as many think.

It has been the case that the first that clients have heard that there’s to be a criminal prosecution is when they receive a citation (a form of court summons) which confirms the charge(s) against them. The citation is sent by COPFS and is accompanied by a letter and form which asks clients to confirm how they plead to a charge(s).

Where there has been a collision or a road traffic incident, the Crown will often prefer charges of dangerous driving or careless driving. These offences are in contravention of section 2 and 3 of the Road Traffic Act 1988 and it is becoming increasingly common for the police to make a report to COPFS without informing the person at fault in the collision or incident.

Driving dangerously, versus driving carelessly

A person drives dangerously if it would be obvious to a competent and careful driver that driving the vehicle in that way would be dangerous. The minimum penalty for dangerous driving is a mandatory 12-month ban from diving, a fine and endorsement of the driver’s licence.

A person drives carelessly if they drive without due care and attention, or without reasonable consideration for other persons using the road or place. The minimum penalty for careless driving is 3 penalty points, a fine and endorsement of the driver’s licence, but the court has discretion to impose a disqualification period if considered necessary to do so.

The impact of a guilty plea

It’s important to note that if someone is found guilty or enters a plea of guilty to either dangerous or careless driving, it will result in a criminal record which can have further implications such as an increase in insurance premiums and Disclosure Scotland applications, for example.

It is for this reason that, where there has been a collision or a road traffic incident, legal advice should be obtained straight away, even if the matter seems minor. Legal advice should always be sought on receipt of a citation and no form from COPFS should be completed and returned until legal advice has been taken.

We have had situations where clients have approached us after they have wrongly entered pleas of guilty and have been asked to come to court for sentencing. In such scenarios, although we have managed to persuade the court to withdraw the guilty plea(s), the process creates stress which could have been avoided, had legal advice been taken from the outset. An informed decision with a solicitor acting in your best interests is always the best way forward to secure the desired outcome.

How we can help

If you have any questions relating to the issues raised here, please contact a member of the Anderson Strathern team or  Sonia Cheema directly.