Aside from causing death or serious injury, a dangerous driving charge is the most serious motoring offence you can face. If you commit this offence, it’s important to understand the consequences. In this article, we’ll provide an overview of what dangerous driving is, the legal repercussions you may face, and how a motoring solicitor can help defend your case.
After you commit such an offence, you will either be apprehended and taken to a police station or, if you’re caught by a road traffic camera, a notice of intended prosecution or fixed penalty notice will be sent to your address on file. You can opt to either accept the charges or dispute them. In either case, seeking the help of a qualified motoring solicitor is advisable.
Next Steps
When you’ve been charged with dangerous driving, the initial shock is followed by a million questions and worries. Dangerous driving is one of the most serious offences in the eyes of the law, as it demonstrates a serious lack of judgement and careless driving that puts you and other road users at risk. Depending on the circumstances, you will lose your driving licence for at least 12 months, receive penalty points on your licence, an unlimited fine, and may face up to two years in prison.
After you’ve been charged with dangerous driving you’ll be required to attend court. The court will decide what penalties you will face based on several factors:
Culpability
UK courts begin the sentencing process by determining culpability. The type of dangerous driving falls under three levels; A, B, or C, with A being the most severe factor and C being the least. For example, A would include deliberately ignoring rules of the road like traffic lights, racing against another vehicle, and more serious offences like driving to evade police. B would include driving offences like dangerously loaded driving, knowingly driving a vehicle with a dangerous defect or in a dangerous condition, driving with an excess alcohol level above the specified limit or drug driving (unless culpability A), using your phone while driving, or driving with a debilitating medical condition or otherwise impaired. C cases are the least serious, where the driver fell just below the standards for a competent and careful driver.
Harm
Next, the courts will assess harm. This is done by Category 1 and 2, with 1 being when the offence results in causing death by careless driving, serious injury, or damage to vehicles or property and 2 being all other dangerous driving cases.
For most motoring offences, the prosecution will need to prove beyond a reasonable doubt that your driving was far below that of a competent and careful driver. By determining culpability and harm, the court sets a starting point for sentencing. It then considers any aggravating factors, prevailing road and weather conditions, mitigating personal circumstances, previous convictions, any reasonable consideration necessary, medical grounds, and other factors that should impact sentencing for the dangerous driving charge.
What are Activities Considered Dangerous Driving?
Dangerous driving covers a range of bad driving behaviours and driving offences that pose a serious risk to the public. To help, here are some common examples of activities that can get you charged with dangerous driving:
- Racing or Competitive Driving: Racing or driving competitively on public roads shows reckless disregard for others on the road and often encompasses motoring offences like exceeding the speed limit, ignoring road signs, ignoring traffic lights or, at worst, injuries or death by dangerous driving.
- Aggressive Driving: Careless or inconsiderate driving like tailgating, cutting off other drivers and being aggressive can all be considered dangerous.
- Disregarding Warnings from Passengers: Ignoring warnings or pleas from passengers to drive more safely can be used against you.
Other examples include driving while tired, reading while driving and using a hand-held mobile phone or other electronic devices. Each of these actions increases the risk of an accident and the legal consequences are severe.
Understanding these activities helps drivers know the boundaries of being a careful and competent driver and avoid behaviour that can get them charged with dangerous driving.
What are the Penalties for Dangerous Driving?
If you are charged with dangerous driving, you will have a criminal record and be subject to several penalties. The penalties for dangerous driving are serious and the offence can be heard in the Magistrates’ Court or the Crown Court with the latter having more severe sentencing powers.
In the Crown Court, a dangerous driving conviction can result in a maximum 2-year prison sentence. Plus a 12-month driving disqualification. After the disqualification period, you’ll also have to sit an extended driving test before your licence can be reinstated. You will also be subject to an unlimited fine and 3-11 penalty points on your licence.
In severe cases, the consequences of this motoring offence can be devastating. As of 2022, the penalty for causing death by dangerous driving was updated from a maximum of 14 years to a possible life sentence in prison.
Beyond these immediate penalties, a dangerous driving conviction can have long-term effects on your personal and professional life. It can increase insurance premiums, limit job opportunities and even restrict travel to certain countries.
Given the penalties above, you must seek expert legal advice if you’ve been charged with dangerous driving.
How #1 Motoring Solicitors Can Help?
At #1 Motoring Solicitors we understand the seriousness of a dangerous driving charge and its impact on your life. Our team of solicitors are dedicated to providing full legal support to help protect your driving record, limit penalty points, and reduce other consequences whenever possible.
One of the ways we help clients is by challenging their charges. If you think you’ve been wrongfully charged our solicitors will work hard to prove your driving was not below the standard expected. We gather evidence, review your driving record, consult experts and build a strong defence for your case.
In some circumstances, we can also negotiate a careless driving charge, an offence which does not carry a prison sentence, usually results in fewer penalty points, and has a lower risk of disqualification. This can reduce your penalties and the impact on your driving record.
Also, if you have a Certificate of Motor Insurance, we can explore the possibility of your insurer funding your defence. This has worked for many of our clients to reduce the financial impact of the legal process.
Final Thoughts
As a driver, knowing what offences are considered dangerous driving, the penalties and what to do for legal defence can make all the difference when facing a dangerous driving charge.
At #1 Motoring Solicitors we help motorists protect their driving record and future. If you or someone you know is charged with dangerous driving offences, contact our team of solicitors today. Early intervention is key, so get in touch now for a consultation and start protecting your driving privileges.