Level 3 – This is driving that created a significant risk of danger and is likely to be characterised by: A group of determinants of seriousness which in isolation or smaller number would place the offence in level 3.Driving whilst ability to drive is impaired as a result of consumption of alcohol or drugs, failing to take prescribed medication or as a result of a known medical condition OR.Gross avoidable distraction such as reading or composing text messages over a period of time OR.Greatly excessive speed, racing or competitive driving against another driver OR.Level 2 – This is driving that created a substantial risk of danger and is likely to be characterised by: Where an offence involves both of the determinants of seriousness identified, particularly if accompanied by aggravating factors such as multiple deaths or injuries, or a very bad driving record, this may move an offence towards the top of the sentencing range. Level 1 is that for which the increase in maximum penalty was aimed primarily. A group of determinants of seriousness which in isolation or smaller number would place the offence in level 2.Consumption of substantial amounts of alcohol or drugs leading to gross impairment AND/OR.A prolonged, persistent and deliberate course of very bad driving AND/OR.Such offences are likely to be characterised by: Level 1 – The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others. Where there is a larger group of determinants of seriousness and/or aggravating factors, this may justify moving the starting point to the next level. The presence of aggravating factors or combinations of a small number of determinants of seriousness will increase the starting point within the range. The 3 levels are distinguished by factors related predominantly to the standard of driving the general description of the degree of risk is complemented by examples of the type of bad driving arising. When assessing the seriousness of any offence, the court must always refer to the full list of aggravating and mitigating factors in the Council guideline on Seriousness as well as those set out in the guideline table as being particularly relevant to this type of offending behaviour. The following guideline applies to a “first-time offender” aged 18 or over convicted after trial, who has not been assessed as a dangerous offender requiring a sentence under 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code.
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