An allegation of dangerous driving is among the most serious charges a motorist can face, and the consequences of a conviction can be far-reaching, affecting employment, insurance, family life and, in some cases, liberty.
Anyone who has been arrested, interviewed under caution, or charged in connection with this offence should speak to an experienced dangerous driving solicitor at the earliest opportunity, because the decisions made in the first days of an investigation can shape the entire course of the case.
At Johnson Astills, our criminal defence team represents drivers across Leicester, Loughborough and the wider county from the first police interview through to trial and, where necessary, appeal.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
What Counts As Dangerous Driving?
Under the Road Traffic Act 1988, a person drives dangerously where the standard of their driving falls far below what would be expected of a competent and careful driver, and where it would be obvious to such a driver that driving in that way was dangerous. The word ‘far’ is what separates this offence from careless driving, which covers driving that simply falls below the expected standard and which carries much lighter penalties.
The dangerous driving test is an objective one, judged against the standard of a competent and careful driver rather than against the particular driver’s own experience or intentions, and the court will take into account everything the driver knew or ought to have known about the conditions at the time. Driving a vehicle which is in a dangerous condition, whether through a known defect or a dangerous load, can also amount to dangerous driving.
What Happens In Court?
Dangerous driving can be dealt with in either the Magistrates’ Court or the Crown Court, depending on how serious the allegation is. The maximum sentence is two years’ imprisonment, and the sentencing guideline provides for a range of outcomes from a community order through to custody, with the court looking at matters such as how long the driving went on for, whether the driver was racing, using a phone, or under the influence of drink or drugs, and whether anyone was injured or property was damaged.
Whatever sentence is passed, a conviction for dangerous driving carries a mandatory driving ban of at least twelve months, and the driver must pass an extended driving test before they can hold a full licence again. The court can only avoid or shorten the ban where there are special reasons, and these must relate to the circumstances of the offence itself rather than to the driver’s personal circumstances, which makes this a narrow argument that needs careful preparation and supporting evidence.
Where dangerous driving causes serious injury or death, the penalties are considerably heavier. Causing serious injury by dangerous driving carries a maximum of five years’ imprisonment, and causing death by dangerous driving carries a maximum of life imprisonment together with a driving ban of at least five years.
How Can You Defend A Dangerous Driving Charge?
There are several ways in which a dangerous driving charge can be defended, and the right approach depends on the evidence in the particular case. The most common is to argue that the driving, while it may have fallen below the standard expected of a competent and careful driver, did not fall ‘far’ below it, so that the correct charge is careless driving rather than dangerous driving. The court is able to convict of careless driving as an alternative, and the difference matters a great deal, because careless driving carries penalty points and a fine, with any driving ban at the discretion of the court, rather than a mandatory ban of at least twelve months, an extended retest, and the risk of a prison sentence.
A second approach is to challenge whether the prosecution can prove the offence at all. The prosecution must show that the person charged was the driver, that the driving took place on a road or other public place, and that the standard of driving met the legal test for dangerous driving, and any one of those points may be open to challenge depending on the strength of the evidence. A sudden mechanical failure which the driver could not have known about, a medical episode which the driver had no reason to anticipate, or the actions of another road user may each provide an explanation for what happened which does not amount to dangerous driving on the part of the person charged.
A large part of what our dangerous driving solicitors do is to examine the prosecution evidence in detail, which commonly includes police body-worn footage, dashcam and CCTV recordings, witness statements and collision investigation reports, to identify holes that may give rise to a defence. Where necessary, we may instruct independent experts in collision reconstruction or vehicle examination to challenge the technical evidence.
Where a client accepts that the driving was dangerous, the focus shifts to mitigation, and well prepared mitigation can make a considerable difference to the length of the ban and to whether any prison sentence is suspended.
Why Instruct Johnson Astills?
Our crime team is headed by Michelle Harding, an experienced Higher Court Advocate, and includes accredited police station representatives, duty solicitors, and higher court advocates, which allows us to represent clients at every stage of the process.
The firm holds the Law Society’s Criminal Litigation Accreditation and the Lexcel practice management standard, and we provide a 24-hour service for police station interviews and out-of-hours court hearings.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
“I cannot fault my experience with Johnson Astills Solicitors. Throughout this difficult time I was made to feel secure, supported and validated – money can’t actually buy these things.”
