Dangerous Driving

Dangerous driving
Legally reviewed by: Kevin Waddingham

Cartwright King’s dedicated Motoring Law Team will build a solid case to defend you against dangerous driving charges. Our proven experience of dealing with dangerous driving cases, trusted by hundreds of motorists each year, means that you benefit from practical, pro-active advice and representation to help clear your name.

Get in touch with our renowned Motoring Law Team today for unique advice and representation.

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
  • Racing
  • 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

Sentencing Guidelines for Dangerous Driving Offences

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 retake 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 14 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 Cartwright King Can Help Defend You

Conviction for a dangerous driving charge can do damage to your personal and working life – especially if you drive for a living. The onus is on the prosecution to prove your guilt. Cartwright King’s meticulous Motoring Law Team will do everything possible to pick holes in the evidence against you to keep you out of prison.

We can help defend you against accusations of:

  • Aggressive driving
  • Racing
  • 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 – e.g.  using a phone, texting, or eating
  • Undertaking and tailgating

Unique Advocacy Services

We can represent you at every stage of your case. If your case ends up in Court, our unique advocacy services give you legal representation from the police station through to the Higher Courts. When you need us most, we will be there with the legal know-how and calm head to guide you through your case.

If you’re arrested on suspicion of a motoring offence, Cartwright King’s professional solicitors are available day and night to offer free legal advice at the police station. Our priority is to ensure that your position is protected and your defence is properly presented.

Benefit From a Free, Initial Telephone Conversation

Your defence against dangerous driving charges requires fast-action, so it’s worth taking advantage of a free, initial discussion with our Motoring Law Team. You can use this time to explain your situation and find out how we can help you with a practical plan of action.

For immediate assistance, contact us today for your free* initial discussion.

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no advice will be given.

Why Choose Cartwright King for Dangerous Driving Defence?

Challenging a dangerous driving charge requires more than just any lawyer, you need a dedicated Motoring Offence Lawyer. Cartwright King’s dedicated Motoring Law Team focuses on nothing but driving offences, meaning that you benefit from specialist legal advice and representation that is specific to your case. 

We listen, we understand and we genuinely care about keeping you out of prison and on the road. That’s why we’re committed to standing up for your rights, ensuring that you get the best defence possible and that your side of the story is heard and taken seriously.

Cartwright King can establish the best strategy for your defence, giving you peace of mind that your case is in good hands and you’re well supported.

Working with a specialist Cartwright King solicitor gives you the assurance of having access to legal counsel who will advise you at every stage of your case

Our Dangerous Driving Solicitors are dedicated to defending your legal rights and ensuring that you’re treated fairly throughout your case. When you need us most, our Motoring Law Team rises to the challenge.

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you defence counsel that you can count on.

We're here for you.

Frequently asked questions.

Which court will hear my case?

Dangerous driving cases can be heard in the Magistrates’ Court or the Crown Court. Depending on the severity of the charges against you, a Court could decide that your case must be heard in the Crown Court, which has more sentencing powers.

However, if no decision is made on where your case should be heard, you can choose. This decision should not be taken lightly and it’s advised that you speak to our Motoring Law Team before making your choice.

If you are convicted, the following sentences could be handed down depending on which Court your case is heard in:

Magistrates’ Court – if you are sentenced in the Magistrates’ Court, you could receive a prison sentence of up to six months and an unlimited fine.

Crown Court – The Crown Court has greater sentencing powers, which means that they can impose a prison sentence of up to 2 years and an unlimited fine.

Can I appeal a dangerous driving conviction?

Yes, but only if you plead not guilty to the offence. If you choose to appeal against a conviction, a full retrial of your case will take place at a Crown Court. It will be heard by a Crown Court Judge with two accompanying Magistrates who were not involved in your original case.

What are the risks of appealing?

You have the right to lodge an appeal; however we would always advise reviewing your case before doing so. While the Court has the authority to reduce your sentence, they can also increase your original sentence and make you pay the prosecution costs if they feel that the appeal should not have been brought. 

We would analyse your case and advise on the best course of action.

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