Dangerous Driving

Road traffic offences for driving hazardously

In law there are two definitions of dangerous driving; the first is defined as driving that would be considered to fall far below the standard of a competent and safe driver. This is qualified by the assertion that the driving would be recognised as dangerous by a competent and safe driver. The second definition is that it is obvious that the state of the car is dangerous, regardless of the competency of the driving. Dangerous is defined by causing danger of injury to any person, or serious damage to property.

If you are to be prosecuted for dangerous driving you will need to be issued with a Notice of Intended Prosecution. Possible defences for a dangerous driving charge include:

• Duress: if there was unlawful pressure upon the defendant that forced them to drive dangerously.
• Necessity: arguing that it was necessary for dangerous driving to be undertaken because of someone else’s indiscretion.

The defence of a dangerous driving charge will rest upon the facts of each individual case so it is strongly urged that you Find a Solicitor to aid your defence should you be charged.

If taken to court the punishments could be as follows:

• Crown Court – Maximum 2 years prison sentence, unlimited fine, mandatory disqualification and an extended driving test to regain your licence
• Magistrates Court – Maximum 6 months prison sentence, £5000 fine and disqualification from driving

Dangerous driving offences

According to UK road traffic laws, the term dangerous driving and the associated driving offences fall into two distinct categories. In one sense, anyone at the wheel of a vehicle can be considered a dangerous driver if their ability to drive safely falls below the standards set by road traffic laws.

Laws on speeding in road traffic law

Speeding is one of the most common offences under road traffic law. Despite roads being heavily signposted with varying speed limits, cameras in place and various different police speeding operations in place to stop speeding, individuals continue to do so and continue to get caught.

The consequences of dangerous driving

There are three offences outlined in UK criminal law that relate to dangerous driving; careless and inconsiderate driving, dangerous driving and causing death by dangerous driving. They represent different levels of seriousness and therefore have different punishments attached to them.