In this “Quick Guide” we will take you through the law, the sentencing and the defence for the offence of Dangerous Driving in England & Wales.
The offence of Dangerous Driving is contained within Section 2 of the Road Traffic Act 1988, this Section states that ‘A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.’
Whether a person’s driving amounts to driving dangerously is assessed by a two-stage test that concentrates upon the nature of the driving rather than the driver’s state of mind at the relevant time.
The first aspect of the test requires the driving to fall ‘far below what would be expected of a competent and careful driver’ and the second aspect of the test requires the dangerousness of the driving to be ‘obvious to a competent and careful driver.’
What are the penalties for Dangerous Driving?
- A driving ban of at least 12 months
- An extended re-test must be passed after the period of disqualification
- A driving ban for at least 2 years if you have two or more disqualifications for periods of 56 days or more in preceding 3 years
- Up to 2 years imprisonment
Sentencing Guidelines for Dangerous Driving
Examples of Nature of Activity
Single incident where little or no damage or risk of personal injury but offender was disqualified driver
Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area, by disqualified driver;
Driving as described in box above while being pursued by police
When will I require legal representation?
As Dangerous Driving is a very serious motoring offence, a person charged under Section 2 of the Road Traffic Act 1988 should always appoint a lawyer as soon as possible.
Things our solicitors look out for in Dangerous Driving cases
- Assessing whether the standard of driving amounts to ‘Dangerous’ or ‘Careless Driving’
- Assessing the strength of the Prosecution evidence
- Identifying discrepancies within the Prosecution case
- Considering the driving of other road users at the time
- Assessing the probability of a prison sentence
Do you require a solicitor for Dangerous Driving?
If you have just read our quick guide to Dangerous Driving then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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