Points to prove
- 1. The defendant drove a mechanically propelled vehicle on a road or other public place.
- 2. Under the applicable Section 2A comparator, the manner of driving fell far below the required competent-and-careful standard and its danger would have been obvious; or the vehicle's state made the danger obvious.
- 3. The danger was of injury to a person or serious damage to property, assessed using the circumstances Section 2A(3) requires the court to consider.
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- No statutory defence in s 2. Established general defences for this offence: automatism (total loss of control from a sudden, unforeseeable cause, e.g. unforeseen medical episode); sudden mechanical defect not known to and not reasonably discoverable by the driver (R v Spurge [1961]); duress of circumstances / necessity (R v Conway [1989]; R v Martin [1989])
Mode of trial & maximum penalty
Either way — Mode and maximum penalty
Either way.
Summary conviction
Up to 6 months' imprisonment, an unlimited fine, or both.
Conviction on indictment
Up to 2 years' imprisonment, a fine, or both.
Driving consequences
Obligatory disqualification and obligatory endorsement; 3–11 penalty points. Section 36(2)(d) requires disqualification until the offender passes the appropriate extended driving test.
Out-of-court disposal
No offence-specific fixed penalty or penalty notice for disorder route is identified.
Sources
- www.legislation.gov.uk/ukpga/1988/52/section/2
- www.legislation.gov.uk/ukpga/1988/52/section/2A
- www.legislation.gov.uk/ukpga/1988/53/schedule/2/part/I
- www.legislation.gov.uk/ukpga/1988/53/section/34
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