Dangerous Driving
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The offence of Dangerous Driving is defined in Section 2 of the Road Traffic Act
1988 as “A person is to be regarded as driving dangerously if”:
- The way he drives falls far below that of a competent and careful driver
- It would be obvious to a competent and careful driver that driving in that way would
be dangerous
- A person is to be regarded as driving dangerously if it would be obvious to a competent
and careful driver that driving the vehicle in its current state would be dangerous
or if anything attached to or carried by/in it and the way in which it is attached
or carried
The offence of dangerous driving poses two questions:
- Racing or competitive driving
- Prolonged, persistent or deliberate bad driving
- Speed which is highly inappropriate for the current road or traffic conditions
- Aggressive or intimidating driving i.e. a sudden lane change, cutting into a line
of vehicles or driving much to close to the vehicle in front - especially when the
purpose is to cause the other vehicle to pull to one side to allow the aggressor
to overtake
- Deliberately ignoring traffic lights and other road signs
- Failure to pay proper attention resulting in significantly more than a brief lapse
in concentration
- Overtaking vehicles at a dangerous location e.g. overtaking on a blind bend
- Driving a vehicle with a load which presents a danger to other road users
- Fatigue
Punishment
If you are found Guilty of Dangerous Driving it is punishable with 2 years imprisonment
or an unlimited fine - or both. Disqualification is unavoidable and there is a compulsory
re-test with 3-11 points.
If dangerous driving causes a death then the punishment is 14 years imprisonment,
Obligatory Disqualification or 2 years imprisonment and a compulsory re-test with
3 to 11 points.
Alternative Verdict
The charge of Dangerous Driving carries a custodial sentence unlike the charge of
Careless Driving.
Under Section 24 of the Road Traffic Offenders Act 1988, the jury can be directed
to consider whether the driving was careless rather than dangerous. If appropriate,
we will make a submission to the court asking for this direction to be given to
the jury and your barrister will cover this point with the jury in his closing speech.
We will leave no stone unturned in preparing your case. We know you are putting
your future in our hands - a responsibility that we take seriously and if necessary
we’ll instruct our own Accident Reconstruction Experts and/or Medical Experts to
help win your case.
We’ll take you through all of the prosecution’s evidence and advise you on the strengths
and weaknesses of the Crown’s case.
We’ll ensure we only instruct a Barrister that has dealt with such cases for several
years. In such cases, our emphasis is to have a team of solicitors and barristers
to conduct your case and of course you are part of the team.
By working together we will obtain the best result for you.
Applying to Drive Again Before the Disqualification Period Ends
An application can be made to the court to remove the period of disqualification
– this has to be made in court and not by writing.
- If disqualified for less than 4 years you must wait 2 years to make an application
- If disqualified for less than 10 years but over 4 you must wait until half of your
ban has passed
Our specialist team has an extremely good record of successfully arguing why you
should be allowed to drive again and careful case preparation and presentation is
essential. We know what factors the court will and will not take into account and
strongly recommend you obtain our expert advice and assistance.