You are deemed to be driving dangerously if
- The way you drive 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.
- It would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
“Dangerous” refers to danger either of injury to any person or of serious damage to property.
Sentence for Dangerous Driving
- Maximum of 2 years in custody and/or unlimited fine
- This offence carries a mandatory minimum of 12 months disqualification and a requirement to complete an extended test once the disqualification is complete. An extended re- test is a test that must be taken following a conviction for Dangerous Driving. Once your disqualification period is completed you must take this test and remain disqualified until it is completed.
- This offence is known as an either way offence. Depending on the circumstances of the offence it may be committed to the Crown Court.
Typical example of Dangerous driving would be:
- Driving at exceptionally high speeds and racing other road users.
- Driving on pedestrian walkways and pavements
- Driving a vehicle in a dangerous condition for example with no brakes.
It would be a defence to dangerous driving if you could prove that:
- You were not driving the vehicle at the time
- You were not on a road or public place
- Your driving did not fall far below what is expected of a reasonable and competent driver.
- Your vehicle was not in a dangerous condition
These types of cases often involve witnesses and require cross examination of each witness. It is for the prosecution to prove that the driving was dangerous and fell far below the required standard.
We have dealt with many offences of this nature and have been successful in either defending the case and obtaining a not guilty outcome or negotiating a lesser charge of careless driving. Unlike many motoring offences which only carry a fine, disqualification or points on your licence dangerous driving can carry a custodial sentence. We are vastly experienced in dealing with cases where custody is a possibility. Rest assured if there is a risk of custody we will provide the highest quality representation to ensure this risk is diminished.
If you face this allegation you should contact us immediately so that we can assess the evidence and advise you of the best course of action.