What Is Dangerous Driving?

What Is Dangerous Driving?

Dangerous driving occurs when an individual’s driving falls significantly below the expected standard, to the extent that a reasonable person would deem it dangerous. This offence typically involves substantial evidence, such as eyewitness statements and CCTV footage. However, the absence of evidence can sometimes help in avoiding a conviction. Dangerous driving cases can be tried in either the Magistrates’ Court or the Crown Court. Depending on the specifics, penalties may include fines or imprisonment. Dangerous driving also results in a mandatory disqualification from driving.

Defences for Dangerous Driving

Several defences can be raised in dangerous driving cases, including:
  • Automatism: Actions taken without conscious thought or intention.
  • Mechanical Defect: A fault in the vehicle that contributed to the incident.
  • Duress: Being forced to drive dangerously under threat.
These defences are challenging to establish and are only accepted in clear, exceptional circumstances.

Sentencing Guidelines for Dangerous Driving

Sentences for dangerous driving range from a Community Order to up to 2 years in prison. Key factors influencing the sentence include:
  • Deliberate Breach of Road Rules: Intentionally ignoring traffic laws.
  • Highly Dangerous Maneuvers: Performing obviously perilous actions.
  • Prolonged Mobile Phone Use: Using a mobile phone while driving over an extended period.
  • Racing or Competitive Driving: Engaging in speed contests on public roads.
  • Excessive Speed: Driving significantly over the speed limit.
Upon conviction, disqualification from driving is mandatory. However, the court may consider “special reasons” to avoid disqualification or penalty points if exceptional circumstances for committing the offence are proven.

What to Do If Charged with Dangerous Driving

If you or a family member are accused of dangerous driving, it’s crucial to seek legal advice immediately. To ensure the best outcome, provide your solicitor with as many details about your case as possible. Our experienced team is here to offer expert advice and representation. Contact us today for assistance.  

Additional external information 

Government website – Penalty points CPS – detailed info on driving offences DVLA website

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