Leaving a Motor Vehicle in a Dangerous Position | Defence Lawyers
Driving Offence Services
If you have been accused or charged with this offence, it is vital to seek specialist legal advice as soon as possible. At Kang & Co Solicitors, we provide expert guidance and robust legal representation for drivers facing allegations of leaving a vehicle in a dangerous position. Our team of highly experienced solicitors and legal advisors understand the complexities of motoring law and the potential implications of these charges, from fines and penalty points to more severe sanctions such as driving disqualification or custodial sentences in extreme cases.
We approach every case with careful attention to detail, reviewing all evidence, including photographs, witness statements, traffic reports, and CCTV footage, to develop a strong defence tailored to your circumstances. Our priority is to protect your rights, minimise the impact of any penalties, and achieve the best possible outcome for your case. Whether your case involves a temporary stopping issue, mechanical failure, or a more serious incident, our dedicated team is ready to provide clear, strategic advice and representation at every stage of the legal process.
Call Our Legal Team Today
Chambers Top Ranked Law Firm
Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.
Legal 500 Leading Firm
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
What is Leaving a Motor Vehicle in a Dangerous Position?
Under Section 22 of the Road Traffic Act 1988, leaving a motor vehicle in a dangerous position occurs when a driver or owner leaves a vehicle on a road or public place in a way that could cause danger to other road users. The offence does not necessarily require that an accident has occurred; it is sufficient that the vehicle’s position created a risk of harm or obstruction.
Key elements of the offence include:
- Location of the Vehicle: The vehicle must be left on a road or public place where it could obstruct traffic or create risk. This can include roads, pavements, cycle paths, or near junctions.
- Potential Danger: The vehicle’s position must be objectively dangerous to others. For example, leaving a vehicle partially on a road, around a blind bend, or in a location with poor visibility can constitute danger.
- Driver Responsibility: The driver or person leaving the vehicle is responsible, even if they were not present when the risk materialised, unless they can show the vehicle could not have reasonably been expected to cause danger.
Situations often include:
- Vehicles left partially on the carriageway or footpath.
- Breakdown vehicles left without hazard warnings.
- Vehicles obstructing junctions, bends, or cycle lanes.
- Abandoned or temporarily unattended vehicles in busy areas.
AGREED FEE
CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£3,000 + VAT
Sentencing for Leaving a Motor Vehicle in a Dangerous Position
The courts take this offence seriously due to the potential risk to public safety. Sentencing depends on the circumstances of the case, including the degree of danger, whether any actual harm occurred, and any previous offences.
- Fines: Typically, the driver may face a financial penalty, which can vary depending on the severity and circumstances.
- Penalty Points: Drivers may receive 3 penalty points on their licence.
- Disqualification: In more serious cases, particularly where the offence led to injury or involved reckless behaviour, the driver may face temporary or extended disqualification from driving.
- Custodial Sentences: Imprisonment is rare but possible in extreme cases where gross negligence or a resulting serious accident occurred.
Aggravating factors include leaving a vehicle in areas with high traffic, near schools, or in locations where other drivers are forced to take evasive action, significantly increasing the potential danger. Mitigating factors, such as mechanical failure or attempts to make the vehicle safe, may reduce the severity of sentencing.
Why Choose Kang & Co Solicitors?
-
National Legal Representation
-
No Obligation Initial Telephone Assessment
Legal Defences for Leaving a Motor Vehicle in a Dangerous Position
A number of defences may be available depending on the specifics of your case. At Kang & Co Solicitors, we carefully assess all evidence, including witness statements, CCTV footage, and traffic reports, to determine the strongest possible defence. Common legal defences include:
-
Mechanical Failure or Emergency
If the vehicle was left in a dangerous position due to an unforeseen mechanical breakdown or an emergency situation, this can provide a strong defence. For instance, if a vehicle stalled unexpectedly and the driver took reasonable steps to warn other road users or to move the vehicle as quickly as possible, this can mitigate liability.
-
Lack of Foreseeable Danger
The prosecution must prove that leaving the vehicle in its position created a foreseeable danger to others. If it can be demonstrated that a reasonable driver in the same circumstances would not have foreseen a risk, this may negate the offence.
-
Temporary and Reasonable Stopping
If the vehicle was left temporarily and with reasonable precautions—such as hazard lights, warning triangles, or by contacting emergency services—this may be a valid defence. The key is showing that every reasonable step was taken to minimise any danger.
-
Procedural or Evidence Issues
Any procedural errors during the investigation, or inconsistencies in evidence regarding the vehicle’s position or the perceived danger, can be challenged. This may include inaccurate witness statements, unclear photographic evidence, or failures in documenting the situation properly.
-
Mitigation and Remedial Action
Prompt action to rectify the danger, such as moving the vehicle or alerting authorities, can be used to mitigate the offence. Demonstrating remorse and cooperation can also influence sentencing, even if liability is admitted.
Our solicitors are experienced in tailoring defence strategies for each client, ensuring that all potential defences are thoroughly explored to achieve the most favourable outcome.
Our Testimonials
Feedback from our clients is helpful and appreciated at Kang & Co to help our team to continually improve our services.
Our Reputation
We are a Leading National Private Client Criminal Defence Law Firm, that frequently receives 5-star reviews and positive feedback from satisfied clients on Trustpilot, Google Reviews and Yell.
Our ever growing law firm is ranked as a leading firm in the field of Criminal Law by the prestigious Chambers UK Law Firm guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.
Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.
If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.
Navigating Leaving a Motor Vehicle in a Dangerous Position charges requires careful consideration of the circumstances and a thorough understanding of the law. Our specialised driving offence defence team can assess your case, explore potential defences, and vigorously advocate for your rights in court. Contact us today for an initial consultation on 0345 222 9955 and discuss how we can help you defend against Leaving a Motor Vehicle in a Dangerous Position charges.
Our Offices
Birmingham
Cornwall Buildings
45 Newhall Street
Birmingham, B3 3QR
London
330 High Holborn
London
WC2A 1HL
Milton Keynes
Elder House
Elder Gate
Milton Keynes, MK9 1LR
