What constitutes dangerous / careless driving in the eyes of the law?

[demalpj]

Hi - not sure if this is the right forum for my question but I'll post anyway as I am interested to hear others opinions on this issue. It concerns the definition of dangerous or careless driving.

 

In short, I live in a relatively quiet 'residential close' where children play outside on the pavement and in the road - and have done without issue for many years. 99% of the residents enjoy seeing the children playing and have no cause for complaint. However, we have one neighbour who clearly dislikes children and over the past 2 years or so have had a series of issues where she has attempted to 'discourage' them from playing anywhere near her house. I won't got into these here!

Not having achieved her aim she has raised her game with this latest incident which has caused great concern from parents.

This involved her driving her car off the main road towards her house without slowing down for the children who had to jump out of her way onto the pavement. When they then went back in the road after she had passed she stuck her car in reverse and reversed towards them to frighten them. No child was hurt but her message was clear! There were two adult witnesses to her action who said that she clearly acted out of anger/irritation and I am trying to ascertain whether we have a case here to bring to the police? The incident has been reported but police response has been slow - I am hoping to speak to them directly this week.

[Surfer01]

If you really want to go over the top, it could be defined as attempted murder as it was obviously pre-mediated. However I am sure that someone will come with a better response! Either way, get an incident number from the police just in case she does knock over a child. This would establish a chain of events leading up to an event! Hopefully the event will never happen.

[Aretnap]

Careless driving is defined as driving which falls below the standard expected of a competent, careful driver. Driving at someone with the intention of scaring them certainly qualifies. Punishable by fine and penalty points or a discretionary ban.

 

Dangerous driving is defined as driving which falls FAR below the standard expected of a competent, careful driver; furthermore it must be obvious to a competent, careful driver that driving in such a manner is dangerous. What you describe probably qualifies. Punishable by up to two years in jail and a minimum driving ban of one year.

 

Attempted murder wouldn't fly - that requires a specific intent to kill, not just an intent to frighten or even to cause injury. The fact that death was a possible, or even a likely outcome of an act doesn't make it attempted murder. In this sense attempted murder is actually a harder crime to prove than murder - for murder an intent to cause serious injury is sufficient.

 

There are however various other non-driving offences which might fit, eg Section 4 Public Order Act.

 

I would report it - the national non-emergency number is 101. They may or may not actually prosecute her on the word of a couple of members of the public, but she will olikely at least get a visit which will make her think more carefully about doing it again.

[dpick]

We complained to the police about some [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE] doing hand break turns at the end of our road. We were advised by the police to ring them if anyone was hurt.

 

OK I WILL REPHRASE THAT TO SOME PRAT

 

dpick