Dangerous Driving Offences

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Prosecuted for Dangerous Driving? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.

The courts treat offences of dangerous driving very seriously. A conviction can lead to a prison sentence and a lengthy ban. If you are convicted and fortunate enough to receive a disqualification, you could also be required to take an extended re-test.

Dangerous driving offences are however often “over-charged” by the Crown Prosecution Service.

Many times in past cases we have managed to persuade the CPS to review a decision to prosecute a dangerous driving offence and to substitute it for a lesser charge of careless driving which carries a lower penalty and a lower chance of a custodial sentence. See our Guide to Careless Driving offences.

The offence of dangerous driving under section 2 of the Road Traffic Act 1988 is committed when the defendant's driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous.

Examples of dangerous driving could be any of the following –

  • Competitive driving or racing

  • Deliberate disregard of traffic signals

  • Driving on pavements

  • Driving under the influence of alcohol or drugs

  • Dangerous overtaking or undertaking

  • Knowing the vehicle has a dangerous fault or an unsafe load

  • Distractions are also common causes of dangerous driving, for example:

  • Using a hand-held phone or other equipment

  • Reading, or looking at a map

  • Talking to and looking at a passenger

  • Lighting a cigarette, selecting music, tuning the radio

If you are charged with dangerous driving your case could be heard at either the Crown Court or Magistrates Court – depending on how serious the conduct alleged is.

Penalties

Dangerous Driving carries a sentence of imprisonment of up to 2 years and a minimum disqualification of 12 months. If the Court imposes a disqualification, then a person can be required to take an extended re-test.

You can find a copy of the sentencing guidelines for Dangerous driving here.

If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.


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