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Dangerous Driving

If you are accused of dangerous driving, it is vital to seek advice from specialist dangerous driving solicitors straight away.

If you are convicted of a dangerous driving offence, you could be disqualified from driving and may have to retake an extended driving test. You may also have to serve a prison sentence. As such, seeking advice from solicitors experienced in this area of law, as early on as possible, is crucial.

Act quickly

Both dangerous driving and death by dangerous driving are serious offences and can result in prison sentences and a driving disqualification. You may also be required to undertake an extended re-test as part of your sentence. As such, it is vital to seek legal advice as early on as possible.

Types of consequences

When tried in a Magistrates’ Court, dangerous driving carries a maximum sentence of an unlimited fine and/or 6 months in prison.When tried in a Crown Court, dangerous driving carries a maximum of 2 years imprisonment.Those found guilty of dangerous driving could be disqualified from driving for at least 12 months and forced to sit an extended re-test.

What does the law say about dangerous driving?

Dangerous driving is an offence under Section 2 of the Road Traffic Act 1988. It is committed when someone drives in a way which falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous.

A person can also be guilty of a dangerous driving offence if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. The state of the vehicle can include anything attached to or carried in it, as well as the manner in which it is attached or carried.

Dangerous driving: what does ‘dangerous’ mean?

In the offence of dangerous driving, ‘dangerous’ refers to the danger of either injury to any person or of serious damage to property.

What are examples of dangerous driving?

Many different circumstances can result in dangerous driving.

Examples of dangerous driving include:

  • Ignoring road signs or traffic lights
  • Driving under the influence of drugs or alcohol (including prescription drugs)
  • Overtaking other vehicles dangerously
  • Driving when sleepy
  • Driving with knowledge that the vehicle has a dangerous fault
  • Driving knowing that the vehicle is carrying something dangerous
  • Driving whilst being avoidably and dangerously distracted by items such as a map or a mobile phone
  • Driving whilst being avoidably and dangerously distracted by activities such as tuning the radio or lighting a cigarette
  • Racing other vehicles

Which court deals with dangerous driving offences?

Both the Magistrates’ Court and the Crown Court can deal with dangerous driving offences. Which court deals with your dangerous driving case will depend on the seriousness of the offence.

What are examples of cases of dangerous driving that could go to a Crown Court?

More serious cases of dangerous driving offences would be heard in the Crown Court, rather than the Magistrates’ Court.

Examples of more serious dangerous driving offences include:

  • There was a prolonged period of bad driving which involved the offender having a deliberate disregard for the safety of others
  • The driver was driving at excessive speed while being pursued by the police

What is the maximum sentence for dangerous driving?

When tried in a Magistrates’ Court, dangerous driving carries a maximum sentence of an unlimited fine and/or 6 months in prison.

When tried in a Crown Court, dangerous driving carries a maximum of 2 years imprisonment.

Those found guilty of dangerous driving could be disqualified from driving for at least 12 months and forced to sit an extended re-test.

If the offender has had two or more driving disqualifications for periods greater than 56 days, in the 3 years preceding the dangerous driving offence, the driving disqualification will be for a minimum of 2 years.

How does the court decide on the sentence for dangerous driving?

In order to determine the starting point sentence, the court will assess the seriousness of the offence by looking at both culpability and harm.

Factors indicating higher culpability include:

  • The offender had drugs or alcohol in their system
  • The offender was carrying out other tasks whilst driving
  • Being sleepy was a factor
  • Aggressive driving, such as driving too close to the car in front, was involved
  • The offender knew they were suffering from a medical condition which significantly impaired their driving skills
  • The offender was driving a poorly maintained vehicle

Factors indicating lower culpability include:

  • The speed the offender was driving at was not excessive
  • There was a genuine emergency
  • The offender committed the offence due to inexperience, rather than irresponsibility

Factors indicating a greater degree of harm include:

  • There was injury to other people
  • There was damage to property

What are example sentences for dangerous driving?

If the offender was driving dangerously during a single incident and there was little or no damage or risk of personal injury, the starting point sentence may be a medium level community order.

If the offender was driving at excessive speeds in a built-up area or on a busy road, the starting point sentence may be 12 weeks in custody.

Dangerous driving: what are examples of aggravating factors?

Aggravating factors, which can increase the sentence for dangerous driving, include:

  • The offender committed the dangerous driving offence whilst they were on bail for other offences
  • The offender had an intention to commit more serious harm during the offence than the harm that resulted
  • The offender was operating in a gang
  • The offender attempted to dispose of evidence

Dangerous driving: what are examples of mitigating factors?

Mitigating factors, which can decrease the sentence for dangerous driving, include:

  • The offender has a mental illness
  • The offender only played a minor role in the offence

What is the maximum sentence for causing death by dangerous driving?

The maximum sentence for causing death by dangerous driving is 14 years imprisonment, plus a driving disqualification of at least 2 years and a compulsory extended re-test. The offence of causing death by dangerous driving is only dealt with in the Crown Court.

Why do I need a specialist dangerous driving solicitor?

Both dangerous driving and death by dangerous driving are serious offences and can result in prison sentences and a driving disqualification. You may also be required to undertake an extended re-test as part of your sentence. As such, it is vital to seek legal advice as early on as possible.

A solicitor experienced in dealing with dangerous driving offences can advise you and represent you in court, in order to ensure that you secure the best possible outcome for your case.

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