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| Name | Is Careless Driving a Criminal Offence in Ireland? Traffic Offence Solicitors Dublin/ Patrick Horan |
| Video Uploader | Video From Support | Legal Index Ireland |
| Upload Date | This Video Uploaded At 06-10-2021 15:44:24 |
| Video Discription | Careless driving is defined as when a person drives a vehicle on a road or motorway in a condition that is not prudent or careful, regardless of the width of a slope, curves, bends, traffic or other relevant circumstances that in turn endanger life, limb or property. In addition to the fact that reckless driving is a vague and perpetual potential traffic offense. A driver may be considered reckless if he loses control of his vehicle and endangers or collides with another person, structure, object, vehicle or other mode of transportation. The conviction can be reduced to a lesser offense on the basis of a plea, which can be used by a driver charged with negligent homicide after a car accident to prove liability in a civil case. WHAT CONSTITUTES CARELESS DRIVING? In the Supreme Court case of DPP v. Michael O’ Shea [2017] IESC 41 Mr. Justice O’ Malley stated that Careless Driving could be: “described as an appreciable falling below the standard of care and attention expected of a reasonably competent driver, creating a risk of harm to others that the reasonably competent driver would recognise and avoid”. In deciding that careless driving causing serious harm or death was a strict liability offence which did not require mens rea (“intent”) the Court reasoned that driving in the manner described did not require any intention or recklessness by the driver. If it did, then the driver would be guilty of a far more serious offence. Here Mr. Justice O’ Malley quoted from the judgement of Mrs Justice Denham in DPP v. O’ Dwyer [2005] 3IR 134 when she stated: “the concept of careless driving covers a wide spectrum of culpability ranging from the less serious to the more serious. It covers a mere momentary inattention, a more obvious carelessness, bad cases of very careless driving falling below the standard of a reasonably competent driver and cases of repeat offending. However, since even a mere momentary inattention in the driving of a [vehicle] can give rise to a wholly unexpected death, the court has always to define the degree of carelessness and therefore culpability of the driving”. how can police prove careless driving how many penalty points do you get for careless driving is careless driving a criminal offence patrick horan solicitor driving without due care and attention road traffic offence solicitors traffic offence solicitors dublin solicitor dublin traffic offences what exactly is careless driving #howcanpoliceprovecarelessdriving #howmanypenaltypointsdoyougetforcarelessdriving #iscarelessdrivingacriminaloffence #patrickhoransolicitor #drivingwithoutduecareandattention #roadtrafficoffencesolicitors #trafficoffencesolicitorsdublin #solicitordublintrafficoffences #whatexactlyiscarelessdriving https://www.legalindexireland.com https://www.legalindexireland.com/videos/blog/is-careless-driving-a-criminal-offence-in-ireland-traffic-offence-solicitors-dublin-patrick-horan This video was created on https://www.videorankme.com [z6CSeKTqHqM] |
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| Tags | driving without due care and attention | how can police prove careless driving | how many penalty points do you get for careless driving | is careless driving a criminal offence | patrick horan solicitor | road traffic offence solicitors | solicitor dublin traffic offences | traffic offence solicitors dublin | what exactly is careless driving |
