When determining the standard of driving, the Courts must have regard to the circumstances that the driver could be expected to be aware and also any circumstances shown to have been within the knowledge of the driver.
Defences do apply to this offence, depending on the facts the driver was aware of at the time of the offence and his reasons for driving in such a manner. Also, cases can be defendable depending on the credibility of the evidence.
The range of sentencing for this offence is vast and can range from endorsement of 3 penalty points up to and including a lengthy disqualification.
Maximum: Level 5 fine
Must endorse and may disqualify. If no disqualification, impose 3 – 9 points
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