The offence of Dangerous Driving is defined in Section 2 of the Road Traffic Act 1988.

A person is to be regarded as driving dangerously if:

• The way he drives falls far below what would be expected of a competent and careful driver;
• It would be obvious to a competent and careful driver driving in that way would be dangerous;
• A person is to be regarded as driving dangerously for the purposes of the above if it would be obvious to a competent and careful driver driving the vehicle in its current state would be dangerous;
• In determining for the purposes of the above the state of the vehicle, regard may be had to anything attached to or carried or in it and to the manner in which it is attached or carried.

The offence of dangerous driving poses two questions:

• Did the driving fall far below a standard which should be expected of competent and careful driver? The word ‘far’ is important to note as the definition is to be one of the features which distinguishes this offence from that of careless driving.
• Would it be obvious to a hypothetical competent and careful driver that driving in such a way would be dangerous?

EVIDENCE OF DANGEROUS DRIVING

• Racing or competitive driving
• Prolonged, persistent or deliberate bad driving
• Speed which is highly inappropriate for the prevailing road or traffic conditions
• Aggressive or intimidatory driving such as 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 queues to overtake.
• Disregard for traffic lights and other road signs, which on an objective analysis would appear to be deliberate.
• Failure to pay proper attention, amounting to something significantly more than a momentary lapse.
• Overtaking which could not have been carried out with safety.
• Driving a vehicle with a load which presents a danger to other road users.
• Fatigue

PUNISHMENT

Dangerous Driving is punishable on indictment with two years imprisonment or an unlimited fine or both. Disqualification is obligatory and there is a compulsory re-test. The offence carries 3-11 points.

DEATH BY DANGEROUS DRIVING

14 years imprisonment, Obligatory Disqualification or 2 years and a compulsory reset, 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 course of driving was careless rather than dangerous. If appropriate, we shall make a submission to the court asking for this direction to be given to the jury, and your barrister shall address this point to the jury in the closing speech.

At MTA we shall leave no stone unturned in preparing your case. We understand you are putting your future in our hands, a responsibility that we take seriously.

If required we shall instruct our own accident reconstruction experts and or medical experts to help win your case.

We shall take you through all of the prosecution evidence and advise you on the strengths and weaknesses of the Crown’s case.

We shall 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 conduct your case, of course you are part of the team, and by working together we shall obtain only the best result for you.

If you or any member of your family is facing a charge of dangerous driving, contact MTA Solicitors today for free advice about your case.