If a person has been served with a Summons via registered post or by hand, and the alleged offence states the person must answer a charge pursuant to S.52 of the Road Traffic Act 1961(as amended) this is the statute rule for careless driving.
Road Traffic Laws Ireland
The law states a person must not drive in a public place without due care and attention.
If, for example, a driver was in a car park and while reversing struck a passing motorbike driver, a charge for careless driving may be put on the vehicle driver.
If a driver is found liable for this offence, 5 penalty points may be endorsed on the driver’s licence record.
If death or serious bodily harm is caused to an injured party due to careless driving, a person can be liable to imprisonment for up to two years and/or a fine of up to €10,000.
If another person is not injured, for example, a person found liable for this offence can be up to €1,000, for example.
Disqualification from Driving
A consequential disqualification order banning the person from driving can be made for this offence if a number of conditions are met.
In road traffic offences convictions, a court also has the discretion to make whats termed an ancillary disqualification order ie when a first offence arises, for example.
A consequential disqualification order from driving may arise if the person has committed two or more previous offences under S.52.
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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