Definition of Dangerous Driving
Dangerous driving is the most serious (non-fatal) motoring offence that you can face. If convicted, you can face a custodial sentence of up to two years and a lengthy disqualification period. When you can re-apply for your licence, you can also expect extended re-testing.
The offence is committed when the way a person drives falls far below what would be expected of a competent, careful driver and it would be evident to a competent and careful driver that driving in that way would be dangerous.
Whether a person’s driving amounts to driving dangerously is assessed by a 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.
Statute – What is the Law?
The offence of Dangerous Driving is contained within Section 2, Road Traffic Act 1988.
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Venue – Where a trial will take place?
The offence of Dangerous Driving is triable either way; this means that a trial could take place in the Magistrates’ Court or Crown Court.
Sentencing Powers for Dangerous Driving
If a defendant is convicted or pleads guilty to dangerous driving and the case is being sentenced in the Magistrates’ Court, the Magistrates’ Court must disqualify for at least 12 months, can impose a custodial sentence (prison sentence) of up to 6 months and impose a fine of an unlimited amount.
If a defendant is convicted or pleads guilty to dangerous driving and the case is being sentenced in the Crown Court, the Crown Court must disqualify for at least 12 months, can impose a custodial sentence (prison sentence) of up to 2 years and impose a fine of an unlimited amount.
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
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In this "Quick Guide" we will take you through the law, the sentencing and the defence for the...
In this "Quick Guide" we will take you through the law, the sentencing and the defence for the...
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Our Dangerous Driving Motoring Lawyers
Driving dangerously could potentially result in a prison sentence, a driving ban and a substantial court fine. A charge of this nature should be taken very seriously and expert legal advice should be sought as soon as possible.
When preparing a case, each aspect of the evidence should be considered by an expert motoring law solicitor to identify weaknesses in the prosecution case and whether a defence is available.
Kang & Co Solicitors have expert motoring law solicitors and barristers with considerable experience in defending cases of dangerous driving throughout the country.
Call our Driving Offence Solicitors on 0345 222 9955 for an initial consultation about your case or send us a message via our form below.
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