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    Careless Driving

    Motorists who break the law will face stiffer penalties under the Road Safety Act 2006.

    Changes in the legislation include higher maximum fines for careless driving and refusing to stop when requested by police, while the number of penalty points for failing to provide information on the identity of a driver, applying mainly to offences detected by speed cameras, has been increased from three to six.

    The maximum fine for careless driving has gone up from £2500 to £5000 and all seat- belt wearing offences are now subject to the existing £500 maximum fine. If someone is found not guilty of culpable homicide, measures now exist to ensure they can be found guilty of other offences, such as causing death by dangerous driving and careless driving under the influence of drink or drugs.

    The increase in the number of penalty points for those failing to provide information on the identity of a driver at the time of being caught on camera is aimed at deterring those who falsely claim the "Christine Hamilton Defence".

    The Hamiltons had said they had been taking turns behind the wheel so could not say which of them had been driving.

    A spokeswoman for road safety campaigners Brake said:

    "It is step in the right direction but high fines would have given stronger message."

    An offence of death by careless driving was created in the act, that received royal assent in November last year, but is subject to debate over how it should apply in courts south of the Border.

    Where the law stands now
     

  • Increased maximum fine for careless driving from £2500 to £5000.

     

     

  • Increased maximum fine of £5000 if drivers refuse to stop for police.

     

     

  • Increased penalty points from three to six for those convicted of failing to provide identity of driver.

     

     

  • Failed culpable homicide cases can be prosecuted for offences such as death by dangerous driving or careless driving under influence of drink and drugs.

     

     

  • All seatbelt offences subject to existing £500 fine.

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    Graham Walker LLb,DipLP,NP

    25 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law .

     

     

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