KNOW YOUR RIGHTS Harm A


Starting point 1 year’s custody


Harm 1 Category range 26 weeks - 2 years’ custody


Starting point 26 week’s custody


Harm 2 Category range


High level community order - 1 year’s custody


Culpability A:


l Driving was just below the threshold for dangerous driving


Culpability B: l Unsafe manoeuvre or positioning l Engaging in a brief but avoidable distraction


l Driving at a speed inappropriate for the prevailing road or weather conditions


l Driving impaired by alcohol and/or drugs


l Driving a vehicle which is unsafe, or where the driver’s visibility or control is obstructed


l Driving while impaired due to a known medical condition and/or in disregard of medical advice


l Driving without adequate sleep or rest


Culpability C: l Just over the threshold for careless driving l Momentary lapse of concentration


Harm 1:


l Particularly grave and/or life-threatening injury caused


l Injury results in lifelong dependency on care or medical treatment


Harm 2: l All other cases


The offence in practice Let’s put this into practice:


Example 1


A driver passes a cyclist slightly too closely. The cyclist is startled, falls off their bike, and breaks their elbow. The only wrongdoing on the part of the driver was passing a little too closely. Legally, this person may still be guilty. They were “a” cause of the injury, and the broken elbow is sufficient to amount to serious injury.


PHTM APRIL 2026 Category range


Medium level community order - 26 week’s custody


Category range


Low level community order - High level community order


Culpability B


Starting point 26 week’s custody


Category range


High level community order - 1 year’s custody


Starting point High level community order C Starting point High level community order Category range


Medium level community order - 26 weeks’s custody


Starting point Medium level community order


Applying the sentencing guidelines, this would be considered low-level (Culpability C, Harm 2), but the driver could still expect a 12-month ban and around 100 hours of community service.


It seems incredible that something so minor can have such serious consequences, especially for a professional driver. However, that is the current position in law.


Example 2


A driver is travelling in moderate traffic approaching a red light. They glance down at a phone in a cradle, distracted by a text message. The driver then rear-ends the vehicle in front, causing a broken neck. The other driver remains in hospital for several weeks and requires ongoing care at home.


Applying the sentencing guidelines, this would fall under Culpability B (“a brief but avoidable distraction”) and potentially Harm 1. This means a starting point of a Category B1 offence – a custodial sentence of around 6 months.


What can I do to protect myself?


The best thing any driver can do is drive carefully. Never become distracted by your phone. Follow the Highway Code. Give cyclists plenty of space. Do not exceed the speed limit. Avoid doing anything that could be criticised by the police.


You never know when a scooter may appear in your blind spot, when a pedestrian may step out, or when the car in front may brake suddenly. If an accident occurs and you were using your phone or speeding, the police will look for fault immediately.


We always recommend using a dash cam. We deal with many cases where trials hinge on witness evidence alone and credibility. Dash cam footage can quickly clarify events and has, on many occasions, exonerated our clients.


In the worst-case scenario, if you are prosecuted, seek legal advice immediately. If you have any questions about traffic law, please feel free to contact us, details below.


If you need any advice on motoring matters, email advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice.


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