Dangerous Driving
Dangerous driving is a serious motoring offence that occurs when your driving falls far below the expected standard, to the point that a careful and competent driver would immediately recognise that driving in that manner is unsafe. As a conviction can jeopardise your licence, livelihood and reputation, it is vital to instruct expert dangerous driving solicitors to provide clear legal advice and advocate on your behalf.
How Is Dangerous Driving Defined?
As per Section 2A of the Road Traffic Act 1988, the definition of dangerous driving in the UK is the act of driving a mechanically propelled vehicle dangerously on a road or other public place. There are two parts to the definition of dangerous driving in UK law:
- The standard of driving falls far below what would be expected of a competent and careful driver
- It would be obvious to a competent driver that driving in that manner is dangerous
What Constitutes Dangerous Driving?
According to the Crown Prosecution Service (CPS), and under the UK definition of dangerous driving in the Road Traffic Act, this particular driving offence involves posing a danger to other people or property through your driving. Examples include:
- Performing reckless manoeuvres while fleeing the police
- Racing or driving competitively
- Speeding or driving aggressively
- Ignoring traffic lights, road signs or warnings from passengers
- Overtaking in a dangerous manner
- Driving under the influence of alcohol or drugs
- Driving when unfit, including with an injury, with impaired vision or while very tired
- Knowing the vehicle has a dangerous defect or an unsafe load
- Being avoidably and dangerously distracted, e.g. by using a mobile phone, reading, looking at a map, looking at a passenger, lighting a cigarette or tuning the radio
What Is the Penalty for Dangerous Driving?
According to the Sentencing Council, the penalty for dangerous driving can range from a community order to 2 years’ custody. If convicted, you will be disqualified from driving for at least one year and made to take an extended re-test before your full licence is reinstated. Various aggravating and mitigating factors, such as whether dangerous driving is your first offence, could incline the court to increase or reduce your potential sentence. As an ‘either-way’ offence, your case may be tried in the Magistrates’ Court or the Crown Court.
What Happens After a Dangerous Driving Arrest?
Being arrested for dangerous driving is a confusing and stressful experience, during which expert legal advice is invaluable. A dangerous driving lawyer will explain your rights, police processes and stages of a prosecution. When you have been arrested, you can expect:
Police interviews
You may be apprehended by the police at the scene of the alleged dangerous driving or at your home. At this stage, you will be booked, fingerprinted and held in custody at a police station, and your vehicle may be seized. Police will question you about the incident and use your statements as evidence. It is important to have proper legal representation before and during the interview so that your solicitor can prepare you for possible lines of enquiry and challenge the police on leading or unfair questions.
Charging and court summons
The police will then either release you under bail conditions while they continue their investigation or charge you immediately to appear in court. When you are summoned to court, your dangerous driving lawyer will act as your representative to present your defence, including mitigating factors, and negotiate your potential sentence. For instance, the prosecution’s evidence may support a lesser offence, such as careless driving, which carries lower penalties.
Penalties
To calculate a penalty for a dangerous driving charge, the court will consider your level of culpability and the harm that the incident caused. Culpability could fall into one of three categories, from A (most severe) to C (least severe). Harm could fall into one of two categories: 1 (injury to other people or damage to vehicles or property) or 2 (all other types).
Penalties for dangerous driving are based on relevant culpability and harm categories, and each combination has a different range and starting point. Under these guidelines, sentences can include a community order (from low to high) or custody (from 36 weeks to 2 years).
Defences for Dangerous Driving Charges
When defending against allegations of dangerous driving, it is crucial to have specialist legal support to strategise and act on your behalf in court. When you choose Newtons’ dangerous driving solicitors, we could recommend several possible defences:
Standard of driving
This defence involves disputing the prosecution’s claim that your driving fell far below the minimum standard expected of a competent and careful driver, or arguing that the alleged hazard would not have been obvious to such a driver.
Mechanical defect
Your vehicle experienced a sudden and unforeseeable malfunction, causing you to lose control. For this defence to work, you must prove that you had no prior knowledge of the defect and that no reasonable person would have noticed it during routine maintenance.
Insufficient evidence
Highlighting gaps and inconsistencies in the prosecution’s evidence, such as flawed speed camera data or contradictory witness statements, can prevent them from proving your guilt beyond a reasonable doubt.
Private land
The legal definition of dangerous driving requires the offence to take place on a public road. If you can prove that the incident occurred entirely on private land with no public access, the prosecution must drop the dangerous driving charge.
Automatism
Automatism refers to an action, behaviour or bodily process performed without conscious thought, intention or voluntary control. In a dangerous driving context, you may have suffered a sudden and unforeseen medical episode, such as an epileptic fit.
Duress
You were forced to drive dangerously to avoid the death or serious injury of yourself or others, such as under threat from a third party. For this defence to stand, the threat must have been so severe that any reasonable person would have reacted the same way.
Seek Support from Dangerous Driving Solicitors
When you are facing motoring offence penalties, Newtons’ dangerous driving solicitors provide clear and confidential legal advice to build a strong defence and protect your rights. As compassionate experts, we completely appreciate that facing a dangerous driving penalty may be the most stressful situation of your driving career or even your life. To speak with our specialist motoring law team, please use our contact form to request a response or arrange a consultation at your nearest office today.
Dangerous Driving FAQs
Under Section 2A of the Road Traffic Act 1988, dangerous driving occurs when your driving falls far below the expected standard, such that a careful and competent driver would immediately identify that driving in that manner is dangerous. It is a criminal offence with a broad definition that encompasses posing a danger to other people or property through your driving. Examples include:
- Getting into a police chase
- Racing, speeding or driving aggressively
- Ignoring traffic lights, road signs or warnings from passengers
- Overtaking in a dangerous manner
- Driving when unfit, including with an injury, with impaired vision or while very tired
- Knowing the vehicle has a dangerous fault or an unsafe load
- Being distracted by a mobile phone, map, cigarette lighter or radio
Dangerous driving is more serious than careless driving. Careless driving constitutes a standard of driving that falls below the minimum expected of a competent and careful driver and includes errors of judgement and lapses in concentration. Dangerous driving constitutes a standard of driving that falls far below the minimum expected of a competent and careful driver and involves a conscious disregard for the rules of the road or an obvious risk of harm.
Every case is different and requires careful consideration from the court, such that there is no single sentence for a dangerous driving charge. According to the official sentencing guidelines, however, which account for perceived culpability and harm, a sentence could range from a low-level community order to 2 years’ custody.
The best defence depends on the specific circumstances of the incident. However, common strategies involve presenting evidence that a mechanical defect or medical episode compromised your ability to drive carefully and competently. It is also sometimes possible to argue that you were driving on private land or under duress at the time of the incident.
Anyone can report dangerous driving by calling the police on 999 or 101 or by submitting a witness report online. You will need the registration plate of the alleged offending vehicle, an independent witness or video footage of the alleged offence, and the willingness to provide evidence in court if required.