What is death by dangerous driving? relatives, especially children or partner of the victim, Additional degradation of the victim (e.g. Causing death by dangerous driving (acquitted) Harry Dunn was a 19-year-old British man who died following a road traffic collision on 27 August 2019. A man who caused his friends death in a fatal collision, and then tried to frame the victim, has today had his sentence increased after the Solicitor General, Robert Buckland QC MP, referred it to the Court of Appeal. Remorse is identified as personal mitigation in the Council guideline and the Council can see no reason for it to be treated differently for this group of offences. MWY1M2Q1NWFhYzRjMDJmMGVhNTg5MjE2N2Y4YjUyZmE3OWI4NzYyNDU3MjVl This offence will only be dealt with in the Crown Court: Up to 14 years in prison, an unlimited fine, 3-11 points and revocation of your licence for a minimum period of 2 years after which you would be required to take an extended retest. At Caddick Davies Motoring Defence Lawyers, we have years of experience defending drivers charged with all manner of motoring offences. Select Age - All ages or 5-year age bands. Generated by Wordfence at Sat, 4 Mar 2023 8:54:39 GMT.Your computer's time: document.write(new Date().toUTCString());. Have you been accused of causing death by dangerous driving? When assessing the seriousness of any offence, the court must always refer to the full list of aggravating and mitigating factors in the Council guideline on Seriousness [now replaced by the General guideline] as well as those set out in the guideline table as being particularly relevant to this type of offending behaviour. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. Where the drugs were legally purchased or prescribed, the offence will only be regarded as more serious if the offender knew or should have known that the drugs were likely to impair driving ability. a) causing death by dangerous driving, b) causing death by careless driving c) failing to stop at the scene of an accident 6) What were the reasons stipulated given for driving bans. defines causing death by dangerous driving as: Racing, going too fast or driving aggressively, Driving when unfit such as with an injury, Being avoidably and dangerously distracted, such as using a mobile phone whilst driving, Flashing your lights to force other drivers to give way, Misusing lanes to gain an advantage over other drivers, Unnecessarily staying in an overtaking lane, A mandatory disqualification for a minimum of one year, Up to 14 years in prison, an unlimited fine, or both, A mandatory disqualification for a minimum of two years, Up to two years in prison, an unlimited fine, or both, Responsibility of the offender, i.e. If you would like to request this bespoke dataset, please contacthealth.data@ons.gov.ukto discuss your enquiry further. To be guilty of this offence, a person must be found to have caused the death of another person by driving a mechanically propelled vehicle dangerously in a public place. Whilst death by dangerous driving is the most serious driving offence, there are other serious offences that can result in a custodial sentence. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. ZDg3ZDg3NzY5N2EyMmE4NDNmYzVhN2M1ZDVjYjBjOWI0ODk2MTQyYmZkMDg4 However, Evans, of Old St Mellons, Cardiff, denies causing death by dangerous driving as well as two counts of dangerous driving and is on trial at Cardiff Crown Court. The Road Traffic Act 1988 defines causing death by dangerous driving as: 'A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place.' Motoring offense solicitors London Causing death by dangerous driving is the most serious traffic offence in England and Wales. They will be able to advise you on the best course of action including whether to plead guilty or not guilty and will support you throughout the court process. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. NGM2NTkzZDkxZTAzMGZhZjc3NjIzMGViMWIxNmI0Nzc5ZmU5MTc2NDQ3Yzkw Sentencers should take into account relevant matters of personal mitigation; in particular: This is not a factor that automatically should be treated as a mitigating factor, especially now that the presence of previous convictions is a statutory aggravating factor. Home > Knowledge Centre > Death by dangerous driving in the UK: what offence could you be charged with? But how is the final sentence determined? NTMzZjgwNmNlNzc0YzY3ZTZmODYyYWEyMDYzYmFjOGYwNzA2NjJlNDYxNjQ2 Analytical cookies are used to understand how visitors interact with the website. If you are unhappy with the sentence that has been handed down, you may be able to appeal it. If you are ever in doubt about whether it is safe to drive, always err on the side of caution and dont take any risks. Offences under s.1 of the Road Traffic Act 1988 are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. Definitive sentencing guideline for use in courts in England and Wales on causing death by driving. Death by dangerous driving is a very serious offence in the UK. . Where it is proved that an offender was briefly distracted by reading a text message or adjusting a hands-free set or its controls at the time of the collision, this would be on a par with consulting a map or adjusting a radio or satellite navigation equipment, activities that would be considered an avoidable distraction. There must be clear evidence the driving or the poor standard of driving caused the fatality. However, consideration should be given to the circumstances in which the offender decided to drive or continue to drive when driving ability was impaired. Such offences are likely to be characterised by: Level 1 is that for which the increase in maximum penalty was aimed primarily. NjNlN2IzMjk2MjM0MzBlYjA2NDZkMjk4MjhkY2E1YzhhZWQ3Njk0NzU0Zjky Previous convictions are considered at step two in the Councils offence-specific guidelines. However, where an offender gave direct, positive, assistance to victim(s) at the scene of a collision, this should be regarded as personal mitigation. A former US spy has pleaded guilty to causing the death of Harry Dunn by careless driving, following a three-year campaign for justice by the teenager's family. If you do decide to appeal, the process works like this: This is a simplified guide to the appeal process and you should speak to a lawyer if you want more information. Cyclists, motorbike riders, horse riders, pedestrians and those working in the road are vulnerable road users and a driver is expected to take extra care when driving near them. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, or call us on 0333 443 2366 for friendly advice, Failing to stop at the scene of an accident, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? This cookie is set by GDPR Cookie Consent plugin. Unfortunately, we do not hold any further breakdown or information on these offences. ZjIxZDJkZTNlYjEwYjMwYThhNjU5ZThhZmFjNDVkOTU4NWQxMDAwMzQwODIx Where it is established to the satisfaction of the court that an offender had consumed alcohol or drugs unwittingly before driving, that may be regarded as a mitigating factor. Pensioner, 86, in tears after garden . We will guide you through the process and work tirelessly to achieve the best possible outcome for you, so get in touch with us straight away. Pictured: Hotel manager, 27, killed after being hit by car while crossing Kensington High Street - as man, 25, is arrested for causing death by dangerous driving Driving offences. Although Guest was injured, he was able to climb out of the car. This field is for validation purposes and should be left unchanged. It is distinct from careless or inconsiderate driving. The court will then apply any reduction for a guilty plea following the approach set out in the Councils guideline, Reduction in Sentence for a Guilty Plea (where first hearing is on or after 1 June 2017, or first hearing before 1 June 2017). Contact Caddick Davies Solicitors today, Send us a message or call us on 0333 443 2366 for friendly advice. Carlisle At Caddick Davies, all of our lawyers are experienced in death by dangerous driving cases and have a wealth of knowledge to offer our clients. YTMzNDQ4YWZkOTIwNGYzNjlhOGYzM2IwMiIsInNpZ25hdHVyZSI6IjljMzRj Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Police recorded crime data published as part of our Crime in England and Wales quarterly bulletins provide a breakdown of driving offences under the categories of "causing death or serious injury by dangerous driving", "causing death by careless driving while under the influence of drink or drugs" and "causing death by driving: unlicensed or disqualified or uninsured drivers" inAppendix Table A4. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? The level of blame arises from driving when not being allowed to do so. 3) What is the shortest term commensurate with the seriousness of the offence? We use this information to make the website work as well as possible and improve our services. Norwich Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Most read in UK. A distinction has been drawn between ordinary avoidable distractions and those that are more significant because they divert the attention of the driver for longer periods or to a greater extent; in this guideline these are referred to as a gross avoidable distraction. ZjdmY2U1Y2Q3NzcwYWVkNjdiZDc4NmM3ZDYzYzQ0NjBlZWE5YzNmYTE2ZWMy Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. The 40 year-old did not survive after being hurtled over the bonnet of MacKinnon's Volkswagen Golf . We understand the law and the court processes inside out and will do everything possible to get the best result for you. The most important thing is you get in contact with us as soon as possible the earlier we can start to build your defence, the better. Where death of another person inside or outside the vehicle is caused by. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. i) The guidance regarding pre-sentence reports applies if suspending custody. All of this will be explained to you in more detail by your legal team. Disqualification for a minimum . As a result of the collision, the pedestrian died; her husband was unharmed. These cookies will be stored in your browser only with your consent. 13 January 2023. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. ODJkYWI1ZTY4OWVlNjU3NjViZmUxMmNhN2IyOGM5MGRiYWE0YzVjMWViZWEx iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates courts sentencing powers). The main factor that varies between these offences is how much the offender is to blame. The consequence of the dangerous driving i.e. The law exists to protect the public from drivers who put others at risk and so it is an extremely serious offence. MjY3YmU2MGQ5NjdjMTA4ZjFkNmVhZWM5ZDdkOTg3MmEyNjYxYzdhYzBjYjZj Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. The driver drove their vehicle dangerously; the terms used could be recklessly driving too fast, for instance. The following guideline applies to a first-time offender aged 18 or over convicted after trial, who has not been assessed as a dangerous offender requiring a sentence under 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. It replaces the former offence of reckless driving. NmFkYTA4ZGUzY2E5NjdiNmUyYjIxNzJmZDM0ZWU0MzU3NGRkMDk0YjUxNmFj Four men have appeared at Lincoln Crown Court jointly accused of causing the death of a 20-year-old woman by dangerous driving. This can sometimes be a complex issue if there was a sequence of events or intervening acts leading to the fatality. These cookies ensure basic functionalities and security features of the website, anonymously. There is no general definition of where the custody threshold lies. Hide. The court should review the total sentence to ensure that it is proportionate to the offending behaviour and properly balanced. 20th June 2019 |. The seriousness of any offence included in these guidelines will generally be greater where more than one person is killed since it is inevitable that the degree of harm will be greater. We would like to use cookies to collect information about how you use ons.gov.uk. You will be given a form to complete, which will ask for details of the grounds for your appeal. In relation to the assessment of culpability, whilst there will be circumstances in which a driver could reasonably anticipate the possible death of more than one person (for example, the driver of a vehicle with passengers (whether that is a bus, taxi or private car) or a person driving badly in an area where there are many people), there will be many circumstances where the driver could not anticipate the number of people who would be killed. Guest proceeded to show further contempt for the law by attempting to frame his victim, and I hope that the Courts decision today brings some comfort to Ben Priests family at this difficult time. Remorse is identified as personal mitigation in Overarching Principles - Seriousness [now replaced by the General guideline] and the Council can see no reason for it to be treated differently for this group of offences. He was also already disqualified from driving and subject to a suspended prison sentence for a number of offences, including other driving offences. He was riding his motorcycle near Croughton, Northamptonshire, United Kingdom, near the exit to RAF Croughton, when a car travelling in the opposite direction and on the wrong side of the road . Y2ZhMTI2YTkzNTliYmM5ZGQxNTQ3OGRjMzZmNmRmMGVmNDU0MmJkMWM1NTE2 NDE1YTJlNzA0ODAzMjU2ZjY2MTc5YTBkNGYzZTQwZWQ4YTMyZGQwMTU3ZjNi Causing death by careless or inconsiderate driving6 1 For a discussion about the extent to which these offences are separate, see Ferguson, P., and Mc Diarmid, C., 2014. The proposals confirmed today include: increasing the maximum penalty for causing death by dangerous driving from 14 years to life increasing the maximum penalty for causing death by. (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and (b) the time that has elapsed since the conviction. The underlying cause of death is defined by WHO as: a) the disease or injury that initiated the train of events directly leading to death, or\ b) the circumstances of the accident or violence that produced the fatal injury. MDMwNTNmM2FiZDg0MzkwZDkyYjkxYmRkYmExZDIzOWYxN2NjMzlhODg5NzQy In this article, we will answer these questions and many more so that you understand exactly how the law works and the options available to you if you are charged with breaking it. 1 March 2019. Examples of dangerous driving are: speeding, racing, or driving aggressively Speaking after the hearing, the Solicitor General said: It was only a matter of time before Guests dangerous and irresponsible behaviour caused serious harm. MzZkOWNmN2YzNmYwODY1YjZkNTk1MzkwM2FkY2IwYThkN2Q3YzRmZGY1MjAz All of these actions are illegal in their own right and so if you cause death by dangerous driving while doing one of these you may also be charged with that offence too. When interviewing potential lawyers, make sure you ask them about their experience in this area and whether they have a good track record defending these types of cases. ZmZhMDk0MWQ5Y2UzMGY3MWU2Y2U4MzFkNDU0N2JkYzg5NGUxMzNjMGM4N2M1 This would need to be created as a bespoke request. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". driving a stolen vehicle, Whether the offender was a close friend or relative of the victim, The circumstances and history of the offender such as any previous convictions and their character, If you are cautioned, charged or being investigated for a death by driving offence or being asked to. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. Section 1 of the Road Traffic Act 1988 (as substituted by section 1 of the Road Traffic Act 1991 [1] ), creates the offences of causing death by dangerous driving: A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. 4) How many people in England have driven each year since 2011, who had previously been convicted of causing death by dangerous driving. There were 576 crime offences causing death of serious injury by dangerous driving in England and Wales in 2021/22, a decrease when compared with the previous year, and a peak for the. YjQ3ZTZhYThlMTc5ZDkwN2QyZWM1YjBjMDEyNzhkNzRmNjJjYWZmMWMyNzRi The sentence for death by dangerous driving will be determined by a judge based on several factors, including: If you are charged with death by dangerous driving, it is important to seek legal advice as soon as possible. If you are cautioned, charged or being investigated for a death by driving offence or being asked to attend a voluntary interview, you should seek expert legal representation as soon as you are able. Death by dangerous driving is governed by the Road Traffic Act 1988. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. Dont include personal or financial information like your National Insurance number or credit card details. Y2Y5YmQ4NzBkNTg4ZjcwNDM5NTgxZmRlMGQ2Y2YzODE0YmE2NGE2ZjY1YzFi Level 2 This is driving that created a substantial risk of danger and is likely to be characterised by: Level 3 This is driving that created a significant risk of danger and is likely to be characterised by: The starting point and range overlap with Level 2 is to allow the breadth of discretion necessary to accommodate circumstances where there are significant aggravating factors. Road Traffic - Mutual Recognition of Driving Disqualifications (UK/Ireland) Road Traffic - Summary Offences; . If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Well aim to get back to you within 30 mins between 9am - 5pm. 0333 443 2366 Mobile friendly number, Death by Dangerous Driving Sentencing Guidelines. ZDg0YzM0MDE0M2FjZmU1NDZmY2I5YjJjYjY3MjczMmM1NjQxZTU4MDJkOThj We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Mr Green was subsequently charged with Death by Dangerous Driving. if (window.fbq) { window.fbq('track', 'Lead'); } His defence is that he was . And what should you do if you are facing a charge of death by dangerous driving? Petition: Lifetime driving ban if you are convicted of causing death by dangerous driving. Securing expert legal advice is the most important thing to do if you have been charged with causing death by dangerous driving. Where one or more of the victims was in a close personal or family relationship with the offender, this may be a mitigating factor. The Road Traffic Act 1988 defines causing death by dangerous driving as: 'A person who causes death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.' We recognise that even though you may be accused of being at fault, these things are rarely straightforward and dedicated assistance from people that understand is vital. It is for the court to determine whether an expression of remorse is genuine; where it is, this should be taken into account as personal mitigation. MDhlMGI5OTc3ZGU2NmEwYmVkNTlkNTVmZGU1ZDUzMzYzMWU5MGNlNWY2NDBj A fatal road traffic accident is the most serious type of motoring offence. MDBiOWM4ODI5NWJjNTlhYmZjMDlhZDU4ZGY3YWYxOTJmYmRkNDViOGI0Mzgx This is a specified offence for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. For sections 1 and 2 of the M1Road Traffic Act 1988 there shall be substituted " 1 Causing death by dangerous driving. The cookie is used to store the user consent for the cookies in the category "Analytics". At the time of the offence, Guest was under the influence of both alcohol and drugs. The cookie is used to store the user consent for the cookies in the category "Other. We Can Help. You will be asked to enter a plea of guilty or not guilty. Common examples of each of the determinants are set out below and key issues are discussed below: see, Alcohol/drugs, Avoidable distractions, Vulnerable road users. YmNhNThmYzY3ZmZlNDI0ZjBhOWZmNWNhNTI2ODlmMzBmZjE4OWI2YzJhNmYx Dangerous driving means falling well below the standards expected of a competent driver, and can include driving too fast or aggressively, ignoring traffic signals, driving when unfit and being distracted, such as by a mobile phone. You can change your cookie settings at any time. Death by dangerous driving is governed by the Road Traffic Act 1988. YmI4ZjY3NDI0YWIzZDY3ZjVhMjZmNjgyOTdhZWYzYmNkZjllZTIxYmQ2ZDE4 Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. YmQ3YjBlZWUwNGFkNmEyMDk0MzFlMTU0ODcwMzY3MzY4ZmIyNWQ5OTNiODFi 22nd May 2018 |, 4th October 2017 |, 8th August 2017 |. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Where death of another person inside or outside the vehicle is caused by dangerous driving, the penalties are severe including up to 14 years in prison, two-year disqualification and an extended retest. ZmY0ODFjZGFmYTA5ODZmZjliNjQwZWU5Y2Q4YjlhZDY5NWEyNjRiMGNjMWY3 In practical terms, separate charges are likely to be brought in relation to each death caused. You have rejected additional cookies. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. Andrew Brown, 23, suffered fatal injuries from being hit and a second man escaped with minor injuries. The greater obligation on those responsible for driving other people is not an element essential to the quality of the driving and so has not been included amongst the determinants of seriousness that affect the choice of sentencing range. A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is. This is because the offence carries a maximum sentence of 14 years in prison and so it is essential to have experienced legal representation to give you the best chance of avoiding a custodial sentence. The criminal offence of death by dangerous driving is made of four main offences, but all are derived from a non-fatal equivalent, such as the offence of simple dangerous driving. Although concurrent sentences are likely to be imposed (in recognition of the fact that the charges relate to one episode of offending behaviour), each individual sentence is likely to be higher because the offence is aggravated by the fact that more than one death has been caused. We do not hold data on arrests for driving offences; these are held and published by the Home Office, who can be contacted by email:CrimeandPoliceStats@homeoffice.gov.uk. OTQwMjQ5NDlkMGM4OTdhMGZlM2VmYzA1MjJhZDQ1NTQyNWQ5OGU2MTIwMTc0 ZGNlNjJkMzAxNGU0MTkxNzQxZjI5MjA2NWY5YTBhZTA3ZDcwNmZjNGZkYmZm In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. It fulfils the commitment I gave, it fulfils the commitment my Government gave and it fulfils the commitment this Government have . Prosecutor Gavin Doig, said it was around 4.35pm on Sunday June 20 that Owens was driving his Ford Mondeo on Sulgrave Road, Washington, with 29-year-old Dean in the passenger seat wearing a seat . A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. Our mortality data comes from the information collected at death registration. This can include speeding, driving under the influence of drugs or alcohol, street racing, and more. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. NDBkNjlmN2I1ZTQ2MzNmZGUwYjc4YTU0OGM5ZjJmNGVmMmJjYTlkYWFhZmVl Some common defences include: If you are charged with death by dangerous driving, here is what will happen at court: The victims family may also give a victims impact statement. We do not hold any data on the cost of the Think! The 3 levels are distinguished by factors related predominantly to the standard of driving; the general description of the degree of risk is complemented by examples of the type of bad driving arising. Dangerous driving The offence of dangerous driving is when driving falls far below the minimum standard expected of a competent and careful driver, and includes behaviour that could potentially endanger yourself or other drivers. By Astha Saxena. Causing death by dangerous driving Causing death by careless or inconsiderate driving Causing death by careless driving under the influence of drink or drugs Causing death by. Where there is a larger group of determinants of seriousness and/or aggravating factors, this may justify moving the starting point to the next level. Where the actions of the victim or a third party contributed to the commission of an offence, this should be acknowledged and taken into account as a mitigating factor. There are numerous ICD-10 cause codes for deaths due to injuries sustained in collisions with other motor vehicles. Bristol Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, Crown Court Compendium, Part II: Sentencing, Chapter 6 of Part 10 of the Sentencing Code, Imposition of Community and Custodial Sentences definitive guideline, Imposition of Community and Custodial Sentences, Ancillary orders Crown Court Compendium, A prolonged, persistent and deliberate course of very bad driving, Consumption of substantial amounts of alcohol or drugs leading to gross impairment, A group of determinants of seriousness which in isolation or smaller number would place the offence in level 2, Greatly excessive speed, racing or competitive driving against another driver, Gross avoidable distraction such as reading or composing text messages over a period of time, Driving whilst ability to drive is impaired as a result of consumption of alcohol or drugs, failing to take prescribed medication or as a result of a known medical condition, A group of determinants of seriousness which in isolation or smaller number would place the offence in level 3, Driving above the speed limit/at a speed that is inappropriate for the prevailing conditions, Driving when knowingly deprived of adequate sleep or rest or knowing that the vehicle has a dangerous defect or is poorly maintained or is dangerously loaded, A brief but obvious danger arising from a seriously dangerous manoeuvre, Failing to have proper regard to vulnerable road users, a prolonged, persistent and deliberate course of very bad driving, consumption of alcohol above the legal limit, consumption of alcohol at or below the legal limit where this impaired the offenders ability to drive, failure to supply a specimen for analysis, consumption of illegal drugs, where this impaired the offenders ability to drive, consumption of legal drugs or medication where this impaired the offenders ability to drive (including legal medication known to cause drowsiness) where the driver knew, or should have known, about the likelihood of impairment, greatly excessive speed; racing; competitive driving against another vehicle, driving at a speed that is inappropriate for the prevailing road or weather conditions, driving a PSV, HGV or other goods vehicle at a speed that is inappropriate either because of the nature of the vehicle or its load, especially when carrying passengers, aggressive driving (such as driving much too close to the vehicle in front, persistent inappropriate attempts to overtake, or cutting in after overtaking), driving while using a hand-held mobile phone, driving whilst the drivers attention is avoidably distracted, for example by reading or adjusting the controls of electronic equipment such as a radio, hands-free mobile phone or satellite navigation equipment, driving when knowingly suffering from a medical or physical condition that significantly impairs the offenders driving skills, including failure to take prescribed medication, driving when knowingly deprived of adequate sleep or rest, especially where commercial concerns had a bearing on the commission of the offence, driving a poorly maintained or dangerously loaded vehicle, especially where commercial concerns had a bearing on the commission of the offence, failing to have proper regard to vulnerable road users.