One of the most serious driving offences is dangerous driving. To prove the offence the prosecution must show that the standard of your driving fell far below that which could be expected of a reasonably competent driver and that it would be obvious to the careful and competent driver that driving in such a way was dangerous. If they can do this then you can be convicted of dangerous driving.
At Cartwright King, we understand that motoring accidents can happen that are not necessarily your fault. If you have been accused of driving dangerously, it is in your best interests to attain expert legal advice at your earliest convenience. We are available to assist you through the entire legal process and represent you in court if necessary.
Dangerous driving and the law
According to Section 2 of the Road Traffic Act, it is a criminal offence for you to dangerously drive a mechanically propelled vehicle in a public place. The general test for this is to prove that the standard of driving has fallen far below the standard to be expected of a reasonably competent driver and that it would be obvious to the reasonably competent driver that it was dangerous. Although this may be related to your driving itself, it could also relate to the circumstances in which you drove such as the state of your vehicle whilst you are using it on the road e.g. driving having known the car had a serious defect like ineffective brakes.
The Courts have been given very wide scope to decide what constitutes as dangerous driving, but common examples include but are not limited to the following;
- Aggressive driving
- Driving while very tired or knowing of an illness
- Driving while knowing that the car has a serious defect
- Trying to drive while doing something else, using a phone, texting, or eating
- Undertaking and tailgating
Dangerous driving allegations can be heard in the Magistrates Court or in the Crown Court. Sometimes the Court will make the decision that the case has to go to the Crown Court. If it does not, you will have the chance to choose which court deals with your case. This is a very important decision and it is essential that you take early advice from one of our expert solicitors about which Court is most suitable to deal with your case.
The consequences of being found guilty of dangerous driving are very serious, including the prospect of a lengthy prison sentence, so it is vital to take early advice about your case from our team. We will discuss the defences that are available to you including the use of defence experts to assist your team.
It is vital to take the earliest possible advice about cases like this. Our acclaimed motoring team are available to answer any queries you have and represent you where necessary.
What sentence could you face?
If you have been found guilty of dangerous driving, your maximum sentence will depend on which court has heard your case. In either case, if you are convicted of dangerous driving you will be given an automatic driving ban of at least 12 months and you will have to re-take your test before you will be allowed to drive again.
In terms of the sentence you will receive, they can include the following:
Magistrates Court – If you are sentenced in the Magistrates Court, you could receive a prison sentence of up to 2 years and a fine of £5,000.
Crown Court – The Crown Court has a wider sentencing power which means that they can impose a prison sentence of up to 2 years and a fine of £5,000
At Cartwright King, we understand how important your driving licence is to you and are available to represent you in court and at an appeal if required.
How can we help you?
If you have been accused of driving dangerously, our experienced Motoring Solicitors are available to put forward your case in the best possible light and advise you throughout the entire process.
Our team are highly ranked in the Legal 500 and Chambers and Partners guides. We have extensive experience in successfully defending people who have been charged with motoring offences.
Why Choose Us?
At Cartwright King, our solicitors understand the importance your vehicle is to your daily life, the stress that being accused of dangerous driving can cause and the serious consequences that can potentially follow. We are available to support you throughout the entire process, explaining the likely outcomes and fighting on your behalf to help you maintain your driving licence.
How to make contact
If you require legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Motoring team on firstname.lastname@example.org and we will get back to you as soon as possible.
Our Motoring solicitors can provide advice and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham and Sheffield.