Driver Who Fell Asleep at the Wheel Keeps Driving Licence in Careless Driving Case Image
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Driver Who Fell Asleep at the Wheel Keeps Driving Licence in Careless Driving Case

Our client, MW, was before Weymouth Magistrates’ Court for an offence of careless driving (otherwise known as driving without due care and attention). The prosecution’s case was that he fell asleep at the wheel and collided with a central reservation on a road in Bere Regis. On the facts of this case, the Sentencing Guidelines required the Court to impose a driving disqualification. As a result of sensitive and expert criminal defence representation, Sarah Hill persuaded the magistrates’ court to give our client 5 penalty points instead. Read on for more details…

Details of the Careless Driving Case

On a day near the end of January in Bere Regis, Dorset, a van was seen to leave the carriageway and collide with the central reservation, coming to a halt on the opposite side of the road.  Our client, MW, accepted he was driving the van and did not dispute that he fell asleep at the wheel, causing the collision.  He told a police officer at the scene that he had stopped driving ten minutes before the accident because he felt tired.  He nevertheless decided to carry on driving and then fell asleep at the wheel.

A driver who falls asleep at the wheel is a danger to other road users.  You have no doubt seen the signs at the side of road saying ‘Tiredness Can Kill – Take a Break’.  Anyone who drives whilst tired puts themselves and others at risk.  The offence of careless driving is an example of how an ‘ordinary’ person can end up in a criminal court.

As a result of Hill Twine Solicitors & Barristers’ expertise and specialist knowledge defending people charged with road traffic offences, MW instructed us to represent him in the criminal proceedings.  Sarah Hill was the solicitor with responsibility for the case.

What is Careless Driving (also known as Driving Without Due Care & Attention)?

The offence of careless driving (or driving without due care and attention) is committed when a person’s driving falls below the minimum standard expected of a competent and careful driver.  In other words, a driver drives in a way that is against the rules of the road.  This threshold is low and includes driving without reasonable consideration for other road users.  It also includes a driver doing something wrong as a result of a momentary lapse in concentration.  

It is not necessary for an accident to occur for an offence of careless driving to be prosecuted.  However, accidents are common in such prosecutions because it is usually the collision that brings the matter to the attention of the police.

Careless driving (and driving without due care and attention) is an offence under section 3 of the Road Traffic Act 1988.  It is known as a ‘summary only’ offence, meaning that it has to be dealt with in a magistrates’ court.  In terms of sentence, the magistrates’ court has the power to impose an unlimited fine.  Of particular concern to drivers is the fact that the offence also carries a driving disqualification, or 3 to 9 penalty points.

The more serious offence of causing death by careless or inconsiderate driving carries a maximum sentence of 5 years imprisonment and a mandatory minimum driving disqualification of 12 months.

How Did Hill Twine Solicitors & Barristers Deal with the Case?

To be able to defend MW properly, Sarah Hill needed to know more about him.  She wanted to explore what led him to fall asleep at the wheel on that day.

On the Sentencing Guidelines, our client was facing an unlimited fine and a driving disqualification

Sarah discussed the case with MW and learned that he had gone to his doctor after the accident because he couldn’t understand why he had fallen asleep at the wheel.  He was subsequently diagnosed with sleep apnoea, a condition which causes severe tiredness and, left untreated, can have serious consequences.  Medical evidence was obtained to support our client’s case.

Notwithstanding his sleep apnoea, MW did not have a defence to the case.  Although he had not known at the time that he had a medical sleep condition, he did know that he was tired and decided to take a risk and drive anyway.  His knowledge of his own tiredness prior to falling asleep prevented automatism being relied on as a defence.  

Our client pleaded guilty to the offence of careless driving, accepting that his standard of driving had fallen below what would be expected of a competent and careful driver.

Sarah Hill discussed the case at length with our client and reviewed the law and evidence in detail.  The prosecution argued that the facts of the case put the offence in the highest category in the Sentencing Guidelines.  As a result, MW was facing an unlimited fine and a driving disqualification. The best case scenario instead of a driving disqualification was the imposition of 7 to 9 penalty points.

Sarah skilfully persuaded the magistrates’ court to distinguish our client from other drivers who fall asleep at the wheel

At the sentence hearing, Sarah sensitively and professionally put forward our client’s mitigation.  She acknowledged the sentence starting point and the peril that MW was in.  However, she skilfully persuaded the magistrates’ court to distinguish our client from other drivers who fall asleep at the wheel, emphasising his previously undiagnosed medical condition and the fact that he sought medical advice following the incident.  She drew the court’s attention to the other important features of our client’s case, such as, his heartfelt remorse, his other serious medical conditions, his reliance on his driving licence for employment, and the credit he should be given for his guilty plea.

As a result of Sarah’s expert criminal defence representation, our client was given a fine of £90 and 5 penalty points

As a result of Sarah’s expert criminal defence representation, MW was given a fine of £90 and 5 penalty points on his licence.  This was the right and just outcome in the individual circumstances of our client.  But it demonstrates just how important it is to be represented by an experienced and knowledgeable criminal defence lawyer in road traffic cases because, without Sarah’s expertise, the outcome could have been very different for our client.

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