Dangerous Driving

Dangerous driving is a serious criminal offence in the UK, carrying significant consequences. These cases can be heard in either the Magistrates’ Court or the Crown Court and are punishable by up to 2 years’ imprisonment. Conviction also leads to a mandatory disqualification from driving for a minimum of 12 months, with reinstatement contingent on passing an extended driving test.

To secure a conviction for dangerous driving, the prosecution must prove:

• The standard of driving fell far below what would be expected of a competent and careful driver.
• It would be obvious to a competent and careful driver that driving in that manner, or driving a vehicle in its current condition, posed a danger.

What Are Examples of Dangerous Driving?

There is no exhaustive list of scenarios that can lead to a dangerous driving charge. However, common examples include:

• Driving at excessive speeds, particularly in inappropriate conditions.
• Aggressive driving, such as tailgating, sudden lane changes, or cutting into traffic.
• Ignoring traffic lights, road signs, or warnings from passengers.
• Driving while knowingly sleep-deprived or fatigued.
• Using a handheld mobile phone for calls, texts, or other distractions.
• Operating a vehicle with known defects, poor maintenance, or unsafe loads.
• Driving under the influence of alcohol or drugs.

Defending Dangerous Driving Charges

The test for dangerous driving is objective, based on what a reasonable and competent driver would regard as dangerous. In some cases, it may be possible to argue that the alleged offence is better characterised as driving without due care and attention rather than dangerous driving.

The Magistrates’ Court Sentencing Guidelines describe the most severe cases of careless driving as bordering on dangerous driving. Skilled representation by experienced motor offence lawyers is therefore essential to challenge the prosecution’s case and reduce the charge where appropriate.

How DJMS Solicitors Can Help

Our specialist motor offence solicitors have extensive experience in defending clients accused of dangerous driving. We have successfully persuaded Courts and prosecutors to recognise that the alleged conduct was careless, not dangerous.

If you are facing a dangerous driving charge, contact us for expert legal advice and representation. We can guide you through the process, protect your rights, and work towards the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.

Get in Touch with DJMS Solicitors

Our specialist lawyers are available 24 hours a day, providing immediate and confidential legal advice, representation, and assistance. Please contact the Motor Offence Team.