What is dangerous driving?

Dangerous Driving is where a person drives on a road or public place and the standard of driving falls so far below the standard expected of a motorist that a normal, reasonable person would consider it to be dangerous.

There is often a large amount of evidence in cases of these sort, from eye-witness statements and CCTV footage. Equally, a lack of evidence in these cases may help to avoid a conviction.

Dangerous in this dangerous manner can be tried in the Magistrates’ Court or the Crown Court, and depending on the circumstances may be punished by a fine or time in prison. Dangerous Driving is an offence which carries a mandatory disqualification from driving.

There are a number of defences to Dangerous Driving, including automatism, mechanical defect and duress, however these can be very difficult to raise and are only accepted in very clear circumstances.

What are the sentencing guidelines for dangerous driving?

The sentence for dangerous driving can range from a Community Order up to 2 years in prison. This will depend on a number of criteria such as whether: –

  • there is a deliberate decision to ignore the rules of the road
  • it is obviously a highly dangerous manoeuvre
  • there’s been a prolonged use of mobile phones
  • a race or competitive driving was taking place
  • the speed is significantly in excess of the speed limit

Although the Court is required to disqualify you from driving upon conviction, all motoring offences which carry this requirement or that of penalty points are subject to “special reasons”. This means that if there are exceptional, special reasons for committing the offence, the Court may choose not to disqualify or pass penalty points.

What should you do if you’ve been charged with dangerous driving?

If you or a family member are accused of dangerous driving, you should seek legal advice immediately. It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.