News
5 August 2009
Dangerous driving
This is a serious charge which is often dealt with at the Crown Court. Penalties on conviction are high and often involve the imposition of a custodial sentence on the accused and a lengthy mandatory disqualification.
The prosecution are required to prove that the standard of the accused’s driving “fell far below the standard of the competent and careful driver so that it would be obvious to such a driver that the accused’s driving was dangerous”. The same test applies to a driver of a vehicle in a dangerous state of repair.
Given the serious nature of this type of offence and the related penalties it is imperative to obtain quality legal advice at the earliest opportunity. As with offences of careless driving, it is often appropriate to obtain expert reports on relevant issues in the case, for example on the mechanical state of the vehicle; site visits to establish the position of the road where the offence is alleged; or the actual weather conditions on the particular day of the alleged offence.
There is a significant overlap between the offences of ‘dangerous driving’ and ‘driving without due care and attention’ as either offence can arise out of very similar circumstances. It is simply a matter of degree as to which offence is preferred by the prosecution. There is often a very fine line between the two offences.
We can advise you if it may be possible to persuade the prosecution to accept a lesser charge of ‘careless driving’ when all the evidence has been considered, rather than continue with the original offence of dangerous driving.
Please see our section on How to avoid a driving ban and our Track record of success for examples of how these strategies have worked for our clients.
Call us on 01782 205 000 as soon as you receive any notice from the police, or
complete our motoring offences enquiry form, and we will call you.
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