Dangerous Driving

The law: Road Traffic Act 1988, s.2 Road Traffic Act 1988, s.2A

 

A person is guilty of dangerous driving if the manner in which he/she drives 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. Alternatively, a person can be guilty  if the driving is due to the condition of a vehicle and if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

Likely sentence or penalty

Triable either in the Magistrates Court or the Crown Court. The maximum when tried in the Magistrates is a  Level 5 fine and/or 6 months imprisonment. The  maximum when tried in the Crown Court is 2 years imprisonment. The court must endorse the licence and disqualify for at least 12 months. The court must also order an extended re-test and will disqualify for at least 2 years if  the offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years.

Our advice:

A conviction will lead to an automatic disqualification for a period of time and a requirement to remain disqualified indefinitely until such time as the person has passed an extended driving test.

It also carries a high likelihood of receiving a prison sentence.

There are a number of possible defences to this allegation. The offence is to be distinguished from the less serious offence of careless driving. This is because to be guilty of dangerous driving the standard of driving has to fall far below the standard of a competent driver.

It is highly recommended that you seek advice from specialist motoring or criminal defence lawyers who will either be able to help you avoid a conviction or limit the damage by securing a reduced sentence.

Rose & Dunn can represent you for a fixed fee or possibly on legal aid. Contact us for further advice and assistance including a free initial appraisal of your case with no obligation.

Minor and major offences

Whatever the problem we are here to help. A minor offence could turn our to  be a major problem if it means that you reach 12 or more points on your licence  and be liable for  disqualification under  the  totting up procedure. If you value your licence remember that if  you have to pay for our services we will always agree to act for you a for a fixed fee or agree not to exceed a maximum fee regardless of the amount of work that we do for you.

Rose & Dunn are specialist criminal defence and motoring law solicitors
  • Email:info@rosedunn.com
  • Telephone: 01928 572030 (in office hours)
  • Telephone or text : 07739324381 ( any time )
  • Fax: 0870 4954998

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