Advice please

Hammyman

flippin36 wrote: »

Thank you for your reply. Wasn't wanting sympathy at all. In fact the reason I'm asking is partly to do with family problems and other complicated matters. I'm not defending her any way shape or form - in fact quite the opposite.

Kind of figured out that was the case. Its going to be expensive. She may also find out that Social Services will be taking an interest in her with her child being injured.

She can claim and they'll pay out however the increase in insurance from making the claim will pale into insignificance compared to the increase from the offence she's convicted of. It won't be using a mobile whilst driving - its gone way beyond that as you suspect.

flippin36

Thanks Hammyman, thats just what I was wanting to know. I'm a little ignorant about such things. Thank you.

Paradigm

As Quentin has said it's impossible to guess the outcome until the charge is known.

It's already gone beyond a fixed penalty & the fact someone was injured isn't going to help.

daveyjp

Some people have to learn the hard way that phones and driving don't mix.

Look up sentences for careless driving and dangerous driving - Points, possible ban and a hefty fine and insurance problems for many years.

I'd personally give it the same punishment as drink driving, the current 3 points and a fine is a joke deterrent.

flippin36

Thank you Paradigm and Daveyjp. I appreciate that.

The thing that was eating away at me is that another relative (who can see no wrong in her) is advising her that she will just have to go on a drivers course and all will be forgiven, since she admitted the fault. Which (despite my ignorance) seemed ridiculous to me, considering the injuries to child and the level of damage. If I'm honest, I want them to throw the book at her both legally and financially as a lesson in responsibilities!

Thanks again for your input, I think I have a clearer picture of what the outcome might possibly be.

Strider590

She may get something like a 6 month ban, purely because of the injuries to the child and the extensive damage to the car. She could well have the social services on her back too, but that's no worry as long as she keeps a good home and they can see she's otherwise a responsible parent.....

KillerWatt

tbourner wrote: »

Probably dangerous driving. I think that can have a suspended sentence applied and a driving ban. She may have to retake her test. Not sure on levels of fine but expect hundreds.

Dangerous driving is quite hard to prove, but if she talks her way in to a guilty on that when she is in court then it's an automatic 12 month ban and an extended retest.

Yorkie1

There are three possibilities:

1. Police offer a Driver Improvement course, which means no court hearing & no penalties, other than the charge of going on the course
2. Driving without due care and attention charge
3. Driving dangerously

I doubt she will be able to influence which option the police go for.

Without knowing more about the facts of the accident, it's hard to say whether the police would assess her driving as careless or dangerous. The former requires her standard of driving to be below that of a careful and competent driver; the latter requires it to be far below.

Being distracted by a mobile phone is relevant to both offences. The fact of injury or damage is not relevant to this, as the test for both offences is an objective one about the standard of driving and not the consequences. I guess that it might only be relevant to whether the police offer option 1 or not.

The CPS has issued guidance about charge selection:
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/

This also sets out the maximum penalties available to the court.