Inconsiderate driving offence - overtaking & going through a RED light reported by dash-cam footage

[Man in the middle]

As far as appeals go, decisions made under the Single Justice Procedure are subject to the same rules as those made in the ordinary Magistrates' Court. In fact, apart from the defendant being unable to attend an SJ hearing, there is virtually no difference between the two.

 

If you plead guilty (whether under the SJ procedure or in the normal court) you cannot appeal against your conviction. You can, however, appeal against your sentence. Your appeal must be lodged within 21 days of your conviction and it will be heard in the Crown Court before a judge and two Magistrates (from a different Bench to the one which originally sentenced you). You should bear in mind that the sentencing exercise is conducted afresh and you can be handed a more severe penalty than the one imposed in the lower court. If your appeal fails you will be ordered to pay costs.

 

As an aside, you mention that you have been charged with "inconsiderate driving."  For a prosecution for that offence to succeed there must be evidence that another person has actually  been inconvenienced by your driving. This is covered by RTA S3ZA(4):

 

"A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving." [my emphasis]

 

The CPS charging practice guidelines for the offence says this about the difference between careless driving and inconsiderate driving:

 

"in cases of careless driving the prosecution need not show that any other person was inconvenienced. In cases of inconsiderate driving, there must be evidence that some other user of the road or public place was actually inconvenienced."

 

So does the evidence you have show that some other person was inconvenienced by your driving?

Edited June 23, 2022 by Man in the middle

[Man in the middle]

Before we go into likely the likely sentence, it's important to establish whether you have a defence to this charge. Have you been served with the evidence the police have against you? If so, does it provide any proof of who was inconvenienced by your driving? Is it the person who submitted the dashcam footage?

 

As to the likely sentence, the offence carries between three and nine penalty points or a ban. However, a ban would only be considered for the most serious cases and from your brief description, whilst your driving seems quite bad, I don't think it reaches the top end of seriousness. If you want to see them, the sentencing guidelines are here:

 

Careless Driving (drive without due care and attention) (Revised 2017) – Sentencing

WWW.SENTENCINGCOUNCIL.ORG.UK

 

Those guidelines are for careless driving, but they are used for inconsiderate driving as well. You can see there are three bands of seriousness and from what you have told us I believe your incident fits with the middle band, meaning the court might consider 5 or 6 points. You should note, however, that although the court will listen to anything you have to say (or read what you have submitted if you do not appear in person), if a ban is being considered you have no right to argue about the hardship you may suffer if you are banned. That argument is only available for "totting up" bans.

 

But before you worry about that, it is most important that you look at the evidence to see if it supports the "inconsiderate driving" charge.

 

[Man in the middle]

47 minutes ago, mantis shrimp said:

"inconvenienced" by the OP. Is that an essential element of this offence? 

 

Yes. See my earlier reply quoting the legislation and the CPS charging practice.

 

Indeed the driving behaviour does not look good. But if the OP has been charged with inconsiderate driving, the prosecution must prove that somebody was inconvenienced. It's insufficient to prove that  they might have been or they could have been. They have to prove that they were.

[Man in the middle]

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Has the OP edited? I cannot see that he has specified the actual charge

 

Heading:" Inconsiderate driving offence"

 

I would have thought that had the charge been "Careless Driving" (which does seem the most appropriate) the OP would have said so. Not many people mention "Inconsiderate Driving" unless they are prompted by something on their paperwork.

 

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He should be looking at disqualification

.

Looking at the sentencing guidelines and using the limited information we have, I would suggest not. For a disqualification to be considered there has to be both "Higher Culpability" and "Greater Harm." There's certainly higher culpability present (in the form of aggressive driving, though that's somewhat arguable, depending on the exact circumstances). The only possibility of the court finding "greater harm" is if there was a high level of traffic or pedestrians in the vicinity. If they only find one or the other then the offence sits in Category 2, for which the recommended penalty is 5-6 points. As always, it's impossible to say what the court will find because we only have very limited details and we will not see the video evidence. But that's my "educated guess."

 

But more important than that at this stage is for the OP to confirm what the actual charge is and, if it is "inconsiderate driving", whether there is evidence to support that.

[Man in the middle]

6 minutes ago, Hippylife said:

Would I be better off paying a solicitor?

Your choice. None of the evidence you have posted here shows who was inconvenienced by your alleged inconsiderate driving and it does not show how they were inconvenienced (unless that inconvenience stretches to having to submit the footage, which the court should not entertain). In my earlier post (#3) I explained the difference between Careless Driving and Inconsiderate Driving and explained that to secure a conviction for the latter the prosecution must prove that somebody was indeed inconvenienced. I don't see how they can do that from what you've posted here.

 

The danger you face is that at some point, if a prosecution lawyer who knows what he or she is doing gets hold of the papers, they may see fit to amend the charge (probably to one of Careless Driving, of which I'm sure you would be convicted). They can do this right up to the closure of their case at the trial.  You should then be given the opportunity to change your plea (as the offences are materially different) and, if you plead guilty, receive full credit for making that plea at the first opportunity.

 

If it was me I would plead not guilty and opt for a trial. But if you are not confident enough to do that and see it through yourself you may be better off consulting a solicitor. At the very least it might be an idea to have a consultation to get an opinion on how the evidence might support the charge, because to me it doesn't.

[Man in the middle]

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If so, offence made out

 

Careless driving most certainly would be. So would ignoring a red light. But driving without consideration? Who has been inconvenienced and where is the evidence that shows that?

[Man in the middle]

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Would I be able to plead hardship?

 

No. As I explained in post #8, that argument is only available for "totting up" bans (i.e. 12 points within three years). 

 

In any case, even when considering that argument, loss of employment alone would not normally be sufficient for the argument to succeed. Here's the Magistrates' guidance on the matter:

 

When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:

It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.

 

Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence;

 

Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.

 

If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.

 

Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable;

 

Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.

 

When you consult your solicitor, be sure to emphasise that it is driving without consideration that you have been charged with and not careless driving. As I have explained, there is a difference between the two in what has to be proved. From your description of events, you seem banged to rights for careless driving (and I cannot imagine why you have not been charged with that), but the offence with which you have been charged is nowhere near so clear cut.

 

Do let us know what you are advised.

 

 

[Man in the middle]

You need to find a solicitor who will take the time to read Section 3ZA of the Road Traffic Act. Whilst the penalty for each offence is the same, the definitions (and hence what the prosecution has to prove) are different. Section 3ZA provides the definitions. You can see the difference between the two in paragraphs (2) and (4) :

 

Road Traffic Act 1988

WWW.LEGISLATION.GOV.UK

---

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

 

I can't really assist any further. I don't know what the video shows but that is the only real evidence there is. All the rest (the statements, etc.) simply provide provenance to support the footage. I have a suspicion that the prosecution may amend the charge to one of careless driving. All they have to do for that is to prove that your driving fell below the standard of a competent and careful driver. From your description it certainly did.

 

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I asked if he could support my case and he said yes, told me to fill out the paperwork and put plead guity but attend court and then let him know when I receive the court date.

 

If you are going to plead guilty I would save your money for your fines if I was you. For an offence such as this a solicitor is unlikely to save you anything like the amount you will be charged.

[Man in the middle]

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 I'd be clueless on what to say...

 

You don't have to say anything. In fact, in the first instance you will not be required to attend court at all because, unless you insist on a personal hearing, your case will be heard under the "Single Justice Procedure" and you cannot attend that hearing at all.  You can write anything you want the court to hear when you respond to your Single Justice Procedure Notice (which is what you currently have). 

 

Only if the SJ believes a ban should be considered will you be invited to attend (the SJ will not ban you in your absence). If no ban is considered you will simply be sentenced by the SJ  by way of a fine and points. If a ban is considered the SJ will adjourn your case and you will be given a date for a personal hearing in the normal court. If that happens, when you attend you can tell the court what effect a ban will have on you. You can decide at that stage whether to involve a lawyer or not.

 

There really is no point in engaging a lawyer at this stage because he or she cannot attend your SJ hearing either.

Edited June 27, 2022 by Man in the middle

[Man in the middle]

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OK thanks I won't bother contacting him then. I've ticked the box plead guity but attend court, should I have ticked plead guity and not attend? 

 

Yes (unless you especially want to attend - which I imagine you don't).

 

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Also in the mitigation box should I write anything in there? 

 

I don't think there is much you can say about the offence itself except perhaps "apologies for wasting the court's time, momentary lapse of concentration" that sort of thing. You should also have been sent a Form MC100 "Statement of Means", which you should complete with details of your income and outgoings. This will enable the court to calculate the appropriate fine.