Dangerous Driving Offences UK

Dangerous driving is a serious criminal offence in the UK and can lead to significant penalties, such as fines, driving bans, points, and prison sentences.

Examples of dangerous driving include speeding, ignoring traffic signals, overtaking dangerously, driving under the influence of alcohol or drugs etc.

If you're facing dangerous driving-related charges, call our motoring offence solicitors at 0203 959 7755 to protect your rights and build a strong defence.

Table of Contents

What is a dangerous driving offence?

A dangerous driving offence occurs when a driver operates a vehicle in a way that poses a serious risk to others, like speeding or driving under the influence.

Dangerous driving under section 2 of the Road Traffic Act 1988 happens when a driver’s actions fall well below the standard of a competent driver, clearly making their driving dangerous, as per section 2A of the Act.

What is classed as dangerous driving?

Dangerous driving is defined as operating a vehicle in a manner that significantly falls below the expected standard, creating a clear risk of harm to others.

Examples of dangerous driving behaviours include:

• Excessive speeding well above the legal limit
• Racing or competitive driving on public roads
• Driving under the influence of alcohol or drugs
• Aggressive driving (tailgating, road rage, or weaving in and out of traffic)
• Ignoring road signs or traffic lights
• Driving a defective or unroadworthy vehicle
• Using a mobile phone or being otherwise distracted
• Driving while unfit due to fatigue, illness, or medication

What are the penalties for dangerous driving?

Penalties for dangerous driving include a mandatory driving ban (minimum 12 months), unlimited fines, up to 11 penalty points, and a prison sentence of up to 2 years.

If convicted of dangerous driving, you face severe legal consequences. The penalties depend on whether the case is heard in a Magistrates’ Court or the Crown Court.

Dangerous Driving Penalties by Magistrates’ Court

• Unlimited fine
• Minimum 12 months driving ban
• Up to 11 penalty points on your licence
• Up to 6 months in prison

Dangerous Driving Penalties by Crown Court

• Unlimited fine
• Minimum 2 years driving ban
• Up to 11 penalty points on your licence
• Up to 2 years in prison

How many years do you get for death by dangerous driving?

If someone is killed due to dangerous driving, the penalties are much higher.

Causing a death by dangerous driving can lead to:

• Up to life imprisonment (due to recent legal changes)
• A minimum 5-year driving ban
• Unlimited fines

Courts consider aggravating factors, such as driving under the influence or excessive speed, when sentencing.

What is the penalty for a first-time dangerous driving offence in the UK?

For a first-time dangerous driving offence, penalties can be harsh. If there are no aggravating factors, the Court might give a shorter ban, a fine, and points instead of jail.

But, if the case is very serious, even a first-time offender could go to prison.

What happens if you plead guilty to dangerous driving?

Admitting to dangerous driving may lead to a lighter sentence. But you could still face serious penalties, including a mandatory driving ban, a fine, up to 11 penalty points, and even a possible prison sentence.

If you’re convicted of dangerous driving, contact our motoring offence solicitors in London at 0203 959 7755 to explore your options for a better outcome.

What evidence is needed for dangerous driving?

To prove dangerous driving, the prosecution needs to show your driving was far below the standard. They might use:

• Dashcam footage from your vehicle or witnesses
• CCTV recordings from traffic cameras
• Police reports and witness statements
• Forensic vehicle examination (to check for mechanical faults)
• Breathalyser or drug test results (if applicable)

What defences can a solicitor use for a dangerous driving case?

A motoring offence solicitor can use several defences for a dangerous driving case, including:

• Lack of intent or recklessness
• Mechanical failure or defect
• Emergency situation
• Mistaken identity
• Inaccurate evidence or faulty equipment
• Lack of clarity on road conditions
• Sudden medical condition
• Driving within speed limits

Lack of intent or recklessness

Arguing that the driver did not intentionally drive dangerously or that their actions were not reckless.

Mechanical failure or defect

Proving that a mechanical fault, such as brake failure, contributed to the dangerous driving incident.

Emergency situation

Claiming the driver was acting to avoid a greater danger or responding to an emergency, which may justify their driving behaviour.

Mistaken identity

Asserting that the wrong person was identified as the driver.

Inaccurate evidence or faulty equipment

Challenging the evidence, such as speed cameras or Breathalyzer readings, by questioning their accuracy or how they were used.

Lack of clarity on road conditions

Arguing that the road conditions (e.g., weather, poor signage) were not adequately considered, which contributed to the alleged dangerous driving.

Sudden medical condition

Showing that the driver experienced a sudden medical event, such as a seizure, that impaired their ability to drive safely without prior warning.

Driving within speed limits

Arguing that the driver maintained a lawful speed and adapted to the road conditions, even if the driving was considered dangerous.

Facing charges for dangerous driving? Call our expert motoring offence solicitors in London at 0203 959 7755 for legal advice and build a strong defence.

How can a solicitor assist with dangerous driving offences?

Our motoring offence solicitor can help with dangerous driving charges in many ways:

• Expert Legal Advice
• Defence Strategy
• Court Representation
• Negotiating Plea Deals
• Reducing Penalties
• Appeals
• Handling Evidence

Expert Legal Advice

We guide you on the seriousness of the charges and possible defences. We also explain the likely outcomes based on your case.

Defence Strategy

Our driving offence solicitor can build a strong defence. We look for weaknesses in the prosecution's case and argue for mitigating factors like a medical emergency.

Court Representation

We represent you in court. We handle legal procedures, present your case, and try to get a lighter sentence or even dismiss the charges.

Negotiating Plea Deals

If the case seems strong against you, we can talk to the prosecution. This might lead to a lesser charge, reducing fines or jail time.

Reducing Penalties

If you're likely to be found guilty, we can try to reduce penalties. This could mean fewer penalty points, a lower fine, or a shorter driving ban.

Appeals

If you're convicted, we can advise on appealing the verdict or sentence. We help start the appeal process.

Handling Evidence

We make sure all important evidence is collected and presented well. This helps build a strong case and ensures no key details are missed.

If you're dealing with dangerous driving charges, reach out to our motoring offence solicitors at 0203 959 7755 for legal protection and a powerful defence.

Contact dangerous driving solicitors

Charged with dangerous driving? Contact our motoring offence solicitors in Hayes, London at 0203 959 7755 to protect your rights and explore possible defences.