Dangerous Driving Solicitors

This page will explain the elements of a dangerous driving offence as well as the most common defences. The Police often misunderstand the offence of Dangerous Driving and incorrectly charge motorists. Many of which are sent to prison. It is critically important to check the evidence produced by the prosecution. You may be surprised to find it doesn't exist. 

We can help you with:

  • Definition 
  • Defences
  • Basis of Plea
  • Next Steps

Get free legal advice

Call 0151 422 8020

Or request a call back

Dangerous Driving Solicitors 

Dangerous driving is one of the most serious motoring offences in UK law. Defined under the Road Traffic Act 1988, it can result in an immediate driving ban, unlimited fines and even a prison sentence.

Unlike most motoring offences, dangerous driving cases can be sent to the Crown Court for trial by jury, where the penalties are far more severe. Sentences can range from a few weeks in custody to up to two years’ imprisonment, depending on the circumstances of the case (see our Prison Blog for more information).

Many drivers, however, are wrongly accused of dangerous driving when the evidence may only support a lesser offence such as careless driving. In this guide, our specialist dangerous driving solicitors explain what amounts to dangerous driving, the potential consequences, and how M.A.J Law can defend your case.

 

If you have received a Notice of Intended Prosecution (NIP) for dangerous driving, please keep reading to find out what to do. We would always recommend you take legal advice before responding to police paperwork. If you were involved in a police pursuit, please call us immediately on 01514228020. All our initial advice is free of charge.

Increase in Immediate Custodial Sentences for Serious Driving Offences

Recent statistics highlight a sharp rise in immediate prison sentences for motorists convicted of dangerous driving, particularly in cases involving serious injury or death. According to data published by the Ministry of Justice, more than half (51%) of offenders found guilty of dangerous driving received a custodial sentence. Where the sentence was immediate rather than suspended, the average prison term was around eight months - with substantially longer sentences imposed for causing death or life-changing injuries.

While sentencing for less serious summary motoring offences dealt with in the magistrates’ courts has become slightly more lenient over the past decade, the opposite trend is clear for serious driving offences heard in the Crown Court. Convictions for dangerous driving, causing serious injury by dangerous driving, and causing death by dangerous driving are now far more likely to result in immediate imprisonment. Ten years ago, community orders or suspended sentences were common; today, the courts have adopted a far tougher stance, reflecting the gravity of these offences and their devastating impact on victims and families.

 

Banner Image

Serious Motoring Offences in England & Wales

In England and Wales, serious motoring offences are driving offences that create a significant danger to the public and carry severe criminal penalties. Unlike minor traffic infringements, these offences can result in immediate imprisonment, unlimited fines, and lengthy driving disqualifications.

Dangerous Driving

Legal Definition: Under the Road Traffic Act 1988, dangerous driving occurs when the standard of driving falls far below that of a competent and careful driver, and it would be clear to a reasonable person that the driving was dangerous. Examples include excessive speeding, racing on public roads, ignoring traffic signals, or driving a vehicle in a condition that poses a risk to others.

Penalties: A conviction for dangerous driving can lead to an immediate prison sentence, an unlimited fine, and a mandatory driving ban of at least 12 months. Offenders must also pass an extended re-test before their licence is reinstated. In the most serious cases, such as causing death by dangerous driving, sentences can extend up to 14 years’ imprisonment.

If you are under investigation or have been charged with dangerous driving, it is vital to seek expert legal advice. M.A.J Law’s specialist dangerous driving solicitors can help you challenge the evidence, explore possible defences, and protect your licence, your livelihood, and your future.

What Counts as Dangerous Driving?  

Dangerous driving is a criminal offence under Section 2 of the Road Traffic Act 1988. It is committed when a motorist’s standard of driving falls far below that of a competent and careful driver, regardless of their level of driving experience. This is an objective legal test, meaning the court will judge your driving against what a reasonable driver would consider dangerous. You may also be charged with dangerous driving if your vehicle itself was in a dangerous condition, even if your actual driving appeared normal.

​

There is no statutory definition of 'far below', but it must be obvious to a competent driver that the manner of driving was dangerous. "Dangerous" must refer to danger of personal injury or of serious damage to property – s.2A(3) RTA 1988.

Importantly, the behaviour does not need to be prolonged or deliberate. A single error of judgment lasting only a few seconds can be enough to amount to dangerous driving. The prosecution does not have to prove intent, it is treated as a strict-liability offence.

When deciding whether driving was dangerous, the court will also consider the prevailing conditions, such as traffic levels, road layout and visibility. For example, a manoeuvre that might not be considered dangerous on an empty, well-lit road could be treated as dangerous in heavy traffic, poor weather, or at night.

Common examples of dangerous driving include:

  • Excessive speeding, racing or aggressive driving

  • Ignoring traffic lights, road signs, or warnings from other road users

  • Taking part in a police chase

  • Overtaking in an unsafe or reckless manner

  • Driving under the influence of alcohol or drugs

A conviction for dangerous driving can have life-changing consequences, including imprisonment, a mandatory driving ban, an extended re-test, and an unlimited fine. If you are under investigation or facing charges, it is vital to seek immediate advice from specialist dangerous driving solicitors.

What happens when you get charged with dangerous driving? 

If you were stopped by the police, you could be arrested and taken into a police station and held in custody, where an interview will take place under caution. The police can also deal with you at the roadside (without arrest) and will then send you a postal requisition. (Blog - What is a postal requisition?).

If you were not pulled over by the police, you'll likely receive a Notice of Intended Prosecution (NIP) in the post. The purpose of the NIP is to obtain driver identification details so the police can charge the correct person. Under Section 172 Road Traffic Act, a person is required to provide driver details for an alleged offence. Take a look at the example below. 

If you're charged with dangerous driving, you will have to go to court. This is because dangerous driving carries a mandatory driving ban. A ban should always be imposed in person rather than in absentia. For this reason, the magistrates will require your attendance. If you fail to attend, a warrant could be issued for your arrest. For more information about what happens in court for dangerous driving, call free on 0151 422 8020.

Case Example

Tim was driving home from work during rush hour. A car in front was driving under the speed limit and Tim became frustrated. He overtook the vehicle resulting in a near miss. The driver of the vehicle he overtook had a dash cam and sent the footage to the police.
Tim received an NIP requiring him to provide driver details because he was not pulled over.

If Tim identifies himself as the driver he will receive a postal requisition (including a date for court). If he's convicted of dangerous driving he will be disqualified for at least 12 months. He could also be sent to prison. 

Good to know: If you receive an NIP for dangerous driving but fail to send it back you could receive 6 penalty points. However, the police are unlikely to be able to prove that you drove the vehicle (in which case you can't be convicted of dangerous driving.

Dangerous Driving Sentence / Penalty 

We offer free initial advice on all dangerous driving offences, even if you don't instruct us. You can talk to one of our solicitors for as long as you like about your dangerous driving case. We can explain in straightforward terms how to defend the allegation and avoid a conviction. Alternatively, if you want to enter a guilty plea, we can explain how to minimise the penalty and what evidence you need for mitigation. 

For Causing Death By Dangerous Driving - Click Here

Dangerous driving is usually defined by the presence of 'risk' (i.e. the risk of causing physical injury or significant property damage). It is the most serious non-injury driving offence. As such, it carries a mandatory 12 month driving disqualification and a compulsory extended re-test (including theory and practical). A motorist who is convicted of dangerous driving could also be sent to jail. You can read more about the penalties below. 

Dangerous Driving Penalty

The maximum penalty for dangerous driving in the Magistrates' Court is 6 months imprisonment. If the case is dealt with in the Crown Court the maximum sentence is 2 years imprisonment. The minimum penalty is a mandatory 12 month driving ban and a fine of up to £5,000.00 for a first offence. The offence also carries an extended retest. 

An extended retest requires a driver to resit their theory and practical driving test. The practical test lasts 60 minutes and carries higher fees. You will not be issued with a driving licence until you pass.

The police love to exaggerate. They may tell you your driving was dangerous when it was not. It is, therefore, extremely important to discuss your case with a solicitor who specialises in defending dangerous driving cases, offering expert legal advice and effective defence. We have handled hundreds of dangerous driving cases over the years and are often able to avoid convictions or persuade the CPS to reduce the charge (thereby avoiding a driving ban). You can read more about reduced pleas below. 

Dangerous Driving Sentencing Guidelines

Manner of driving Disqualification Range
Single incident. No damage or risk of injury 12 - 15 months Community Service
Excessive speed in a built up area. 15 - 24 months Community Service to 26 weeks in prison
Prolonged bad driving. Excessive speed in a built up area. Crown Court Sentence Crown Court Sentence

Free Initial Advice - No Questions Asked.

Dangerous Driving Defences 

Just because the police accuse you of driving dangerously does not mean you will be convicted. The police often misunderstand what counts as 'dangerousness'. This is where our dangerous driving solicitors can help.

Common defences include:

  • My driving was not dangerous 

    This is by far the most common defence to dangerous driving. You are entitled to challenge the prosecution's account of what happened. Perhaps the prosecution has misunderstood the definition of dangerousness, or they're relying on unfair evidence. The manner of driving may look dangerous on a dash camera, but it wasn't in real life. It is very difficult to appreciate distance and speed on camera. 

  • I was not the driver 

    It is for the prosecution to prove beyond doubt that you were the person who committed the offence. The CPS might have a witness to the incident but this isn't as damaging as you might think. Generally speaking, witnesses don't want to get involved in criminal cases. It's easy enough to write a witness statement, but attending court 12 months later to give evidence in person is a scary prospect. Most civilian witnesses will lose contact with the CPS overtime. 

  • I was driving in an emergency 

    This argument can, in certain circumstances, amount to a defence. Failing that, you can use it as a 'special reason' to avoid a driving ban. 

  • I did not know the police were pursuing me

    Many dangerous driving allegations involve police chases. Some police vehicles are undercover. If you thought someone else was chasing you (to steal your car, for example), then you may have a complete defence.  

Negotiating a reduced plea - Case Study

Just because the police have accused you of driving dangerously does not mean the CPS wouldn't consider an alternative plea. The reality is, it's expensive and time-consuming for the CPS to prepare a case for trial. Even if the CPS have the required evidence, you would still escape a conviction if a witness fails to attend court, and the CPS know this. Nothing is guaranteed in a criminal case! It's for this reason that you shouldn't just roll over and plead guilty. 

M.A.J Law regularly negotiate 'plea deals' with the CPS to reduce criminal charges. In this case, it would usually mean negotiating a plea to careless driving. Careless driving is much less serious and carries penalty points. If the CPS accept a plea to careless driving, you would not go to prison.

To learn more about how we negotiate a 'plea bargain', get in touch using the contact form below. 

M.A.J. Law recently represented three motorcyclists who were charged with dangerous driving. The police alleged that each motorcyclist was travelling at 135mph, weaving in between cars, undertaking, etc. We persuaded the CPS to drop the dangerous driving charge and reduce the speed to 100mph in return for a guilty plea to speeding only. All clients avoided a ban, receiving only points and a small fine.

Negotiating a deal with the CPS is only advisable if you agree that you have committed the reduced offence. In the above case involving the motorcyclists, each client agreed that they had been speeding. Our clients were therefore extremely happy to walk away with only a speeding conviction whilst avoiding one of the most serious offences. It was an added bonus to negotiate a lower speed with the CPS, thus resulting in a lower penalty.

There is no need to negotiate a ‘deal’ with the CPS if the evidence is simply not there to justify a conviction for dangerous driving. This is why it is so important to obtain disclosure of all the evidence against you. Only when you have seen the evidence are you in a position to decide on the best way forward. Please take advice from a solicitor before obtaining and checking the evidence disclosed by the CPS. It is vital that you know what to expect, what to look for, what to ask for and what to do if the evidence is poor.

Choosing dangerous driving solicitors for your case

Should you respond to the NIP?

This is an interesting question, and one that is worth thinking about. 

The first consideration for anyone who has received an NIP is - is it valid? Lots of police forces issue NIP's which fail to comply with the statutory requirements (both in terms of layout and the information contained within the NIP). If the NIP is unlawful you do not need to respond to it. Feel free to email us a copy of your NIP and we'll review it free of charge.

Your vehicle is accused of driving dangerously. The police didn't pull you over so it's unclear who was driving. There may be witnesses to the incident but they may not cooperate or attend trial. The usual process is to send the registered keeper a Notice of Intended Prosecution. When you receive an NIP you have two options; 

  1. Complete the NIP 
    If you complete the NIP and identify yourself as the driver, the police will likely prosecute you for dangerous driving. They can rely on the signed NIP to prove that you were driving the vehicle at the time of the alleged offence. The police may also prosecute you with additional driving offences, which could include speeding, failing to stop and failing to report.
  2. Ignore the NIP 
    If you ignore the NIP it is always less likely that you will be prosecuted for dangerous driving. This is because the police cannot prove who was driving the vehicle at the time of the alleged offence. It may also stop the police from laying additional driving charges. 

    However, this approach is not without risk. If you fail to complete the NIP you would usually receive 6 penalty points. In theory, the police could still charge you with dangerous driving if they believe they have the necessary evidence to prove that you were driving. 

Mode of trial and allocation

You probably know by now that dangerous driving is an either-way offence. An either-way offence is an offence that can be heard in the Magistrates' Court or Crown Court. There are two main differences between the Magistrates' Court and the Crown Court;

  1. The magistrates can only impose up to 6 months in prison for a single offence (this was recently, temporarily, increased to 12 months to help reduce the backlog in the Crown Court)
  2. A trial in the Crown Court involves a jury

If the magistrates accept your dangerous driving offence, you have the a choice of venue. You can stick with the magistrates (where sentencing powers are lower) or you can choose the Crown Court (where, statistically, there's a lower chance of conviction). If the magistrates decline your case, it will automatically be referred to the Crown Court. 

Which court will a case be heard in?

For adults, all criminal cases start in magistrates’ courts (including murder!). They can then be referred to the Crown Court or kept in the Magistrates' Court. The seriousness of the offence will dictate whether the case will remain in a magistrates’ court from start to finish, or will be referred up to the Crown Court.

“Summary” offences – can be heard only in magistrates’ court

These are less serious cases such as low level motoring offences, disorderly behaviour, TV licence payment evasion and minor assaults.

“Either-way” offences – can be heard in magistrates’ court or the Crown Court

These include cases such as theft, burglary and drug offences. It also includes more serious driving offences, such as dangerous driving. 

“Indictable only” offences – can be heard only in the Crown Court

These are the most serious cases such as murder, rape and robbery. These cases start with an appearance in a magistrates’ court when the magistrates will decide whether the defendant should be granted bail.

How do magistrates decide?

A decision is required only in cases that are either-way offences (because they can be heard in either court). In these cases the magistrates must first decide whether an offence is more suitable for trial in the magistrates’ court or the Crown Court. This is known as the allocation decision.

When deciding where cases should be heard, magistrates must follow the Council’s allocation guideline and take account of the facts of the case and any legal complexities that might arise.

They must also decide whether, if the defendant was to be convicted in the magistrates’ court, their sentencing powers would properly reflect the seriousness of the case. The maximum penalty the magistrates’ court can impose is six months in prison for a single offence. - Sentencing Council

 

Dangerous Driving Solicitors Costs

M.A.J Law do not work with legal aid. In our view, it is not possible to carry out high quality work on legal aid rates of pay. In any event, most people would not receive legal aid for a driving offence. We would advise against legal aid for the following reasons;

  • Legal aid does not cover pre-charge work. This means a legally aided solicitor will not start work on your case until you are charged! By this point, it may be too late.
  • Stack 'em high and sell 'em cheap! The business model of legally aided law firm is very similar to Walmart. Bulk! The amount earnt from a legal aid case is roughly 10-20x less than a privately paid case. This means a legally aided firm must handle a large number of cases and, in turn, a large number of clients. 
  • Less pay - less preparation! 
  • Most legal aid lawyers handle more than one case a day. This limits the amount of time you can spent with your solicitor in court. 
  • Jack of all trades! Legal aid lawyers do not specialise in driving law. They handle all criminal offences. 

Fixed Fees 

Specialist representation may not cost as much as you think. We only operate on a fixed fee basis, meaning legal fees are clear from the outset. If the case goes on longer than expected, or becomes more complicated, the costs do not increase. We also charge our fees in stages, meaning you do not pay for work that is not required. In our view, this is the fairest way of charging a client. 

Dangerous Driving Reviews 

 

NEXT STEPS: Free Legal Advice from M.A.J Law

M.A.J Law are a specialist team driving defence solicitors. We believe that every motorists has the right to independent legal advice. For that reason, we offer every motorist free specialist initial advice no matter what your circumstances.

 

 

Useful Links 

CPS Charging Guidance for road traffic offences

Dangerous Driving Sentencing Guidelines

Dangerous Driving Conviction Car Insurance 

Road Safety Charity Brake 

Mind - Mental Health Support 

Banner Image

 

Dangerous Driving Solicitors – Expert Defence

Dangerous driving is one of the most serious motoring offences in the UK. Defined under Section 2 of the Road Traffic Act 1988, it can lead to an immediate driving ban, an unlimited fine and, in many cases, a prison sentence. With your licence, job and reputation on the line, it is essential to secure representation from specialist dangerous driving solicitors as early as possible.

Unlike many motoring offences, dangerous driving can be heard in the Crown Court before a jury. That means harsher sentencing powers – up to two years’ custody – compared with the maximum six months available in the Magistrates’ Court. Sentences vary depending on culpability and harm, but imprisonment is increasingly common for serious or repeat offences.

Many drivers, however, are wrongly accused of dangerous driving when the facts better support a charge of careless driving. This is where M.A.J Law can make a real difference. We analyse the evidence, highlight weaknesses and, where appropriate, persuade the CPS to reduce the charge – protecting your licence and avoiding the stigma of a dangerous driving conviction.

Have you received a Notice of Intended Prosecution (NIP)?

If a Notice of Intended Prosecution (NIP) lands on your doorstep alleging dangerous driving, take advice before replying. Your response can determine whether you are charged at all. Our team reviews NIPs free of charge to check validity and advise on the safest response. If you were involved in a police pursuit, contact us immediately on 0151 422 8020. All initial advice is free.

Custodial sentences on the rise

Recent Ministry of Justice statistics confirm a sharp increase in motorists receiving immediate custody for dangerous driving, particularly in cases involving injury or fatalities. Over half of convicted drivers now receive prison sentences, with the average custodial term around eight months – significantly higher where there is serious injury or loss of life.

While sentencing for minor traffic offences has become slightly more lenient over the past decade, the opposite is true for serious driving offences. Dangerous driving, causing serious injury by dangerous driving, and causing death by dangerous driving are now far more likely to attract immediate imprisonment. The courts take these allegations extremely seriously, reflecting the risk to public safety and the devastation caused to victims and families.

What counts as dangerous driving?

Dangerous driving occurs when your standard of driving falls far below what would be expected of a competent and careful driver, and where it would be obvious to such a driver that the manner of driving (or the condition of the vehicle) was dangerous. This is judged objectively – your personal driving experience is irrelevant.

The risk does not need to be prolonged or intentional. A few seconds of misjudgment can suffice. “Dangerous” refers to the risk of personal injury or serious property damage. The CPS often points to the prevailing conditions – traffic, visibility, weather – when arguing whether behaviour was dangerous or merely careless.

Examples frequently cited include:

  • Excessive speed, racing or highly aggressive manoeuvres
  • Ignoring traffic lights, road signs or signals from others
  • Undertaking during heavy traffic or on bends
  • Police chases, including where unmarked cars are involved
  • Driving under the influence of drink or drugs
  • Using a vehicle in a dangerous mechanical condition

What happens if you’re charged?

If stopped by the police, you may be arrested and interviewed under caution. Alternatively, you may be reported for summons and receive a postal requisition. If not stopped at the time, the registered keeper will usually be served with an NIP requiring them to identify the driver.

Because dangerous driving carries a mandatory driving ban, the court will always require your personal attendance. If you fail to attend, the court can issue a warrant for your arrest. Call us if you are unsure how to respond – our solicitors can explain the process in plain terms and support you every step of the way.

Case example

Tim was driving home from work during rush hour. Frustrated by a slow driver, he overtook on a busy road. The manoeuvre led to a near miss. Unbeknownst to Tim, the other driver’s dash-cam captured the incident and was provided to the police. Days later, Tim received an NIP requesting driver details. If he admits being the driver, he risks prosecution for dangerous driving, a minimum 12-month ban, and possible custody. With our help, Tim may be able to challenge the allegation or negotiate a lesser charge of careless driving.

Dangerous driving penalties

Dangerous driving is regarded as the most serious non-injury driving offence. The penalties are severe:

  • Mandatory disqualification: at least 12 months
  • Extended re-test: compulsory theory and longer practical test before your licence is restored
  • Imprisonment: up to 6 months in the Magistrates’ Court or up to 2 years in the Crown Court
  • Fine: up to £5,000

The Sentencing Council guidelines set out ranges from community orders to custody. The outcome will depend on factors such as speed, risk, intent, injuries caused and previous driving history.

Defending a dangerous driving allegation

Being accused does not mean you will be convicted. The prosecution must prove beyond reasonable doubt that your driving was dangerous. Our motoring defence solicitors regularly challenge weak evidence and highlight the limits of dash-cam or CCTV footage, where speed and distance can appear distorted.

Common defence strategies include:

My driving was not dangerous: We argue the standard did not fall “far below” what was expected. Context matters – an isolated manoeuvre may look risky on video but in reality was safe in the conditions.

I was not the driver: The CPS must prove who was behind the wheel. Witnesses are often reluctant to attend court, and continuity can break down over time.

I was responding to an emergency: A genuine emergency can amount to a defence, or at least a “special reason” to avoid disqualification.

I did not realise the police were pursuing me: In cases involving unmarked cars, a defendant may reasonably believe they were being chased by another motorist rather than the police.

Negotiating reduced pleas

Even where some evidence exists, the CPS will sometimes accept a plea to careless driving. This is far less serious, usually resulting in penalty points rather than a ban or prison. At M.A.J Law, we have successfully persuaded prosecutors to accept guilty pleas to speeding or careless driving instead of dangerous driving, saving our clients from the devastating consequences of conviction.

For example, we recently represented three motorcyclists accused of dangerous driving at alleged speeds of 135mph. Through expert analysis and negotiation, the CPS reduced the case to speeding at 100mph. All three riders avoided bans, receiving only points and modest fines.

Responding to a Notice of Intended Prosecution

NIPs must comply with strict legal requirements. Many do not. If a notice is defective, you may not be obliged to reply. We encourage clients to send us their NIP for a free validity check. Responding incorrectly could lead to prosecution; failing to respond can result in six penalty points. Take advice before making any decision.

Which court will hear the case?

Dangerous driving is an either-way offence. This means it can be tried in the Magistrates’ Court or the Crown Court. Magistrates assess suitability and allocation. If retained, they can impose up to six months’ custody. If sent up, the Crown Court can impose up to two years and trial is before a jury. Venue choice can have significant implications for conviction prospects and sentencing powers. We advise on strategy at this critical stage.

Legal costs and funding

M.A.J Law does not operate under legal aid. We believe serious motoring offences require the time, expertise and resources that legal aid cannot provide. Instead, we work exclusively on a fixed-fee basis. Costs are transparent from the outset, paid in stages so you only pay for work required. If your case becomes more complex or runs longer than expected, your fee does not increase. This ensures fair, predictable costs with no hidden extras.

Next steps – get in touch

Being accused of dangerous driving is daunting, but with the right team behind you, it is possible to reduce or even avoid conviction. Call 0151 422 8020 today, send us your case review request or use WhatsApp to reach us instantly. The sooner we are involved, the better your prospects of protecting your licence, avoiding custody and moving forward.