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
Charged for Dangerous Driving
What you need to know.
Dangerous Driving in a nutshell:
Dangerous driving is one of the the most serious driving offences a person can commit. It is so serious, in fact, that it can be sent to Crown Court for a trial by jury and can result in immediate custody. Very few deriving offences can be sent to the Crown Court. Prison sentences can range from a few weeks to two years. Read our Prison Blog for more information.
If you have received a Notice of Intended Prosecution for a suspected dangerous driving offence, keep reading to find out what to do.
If you have been convicted our dangerous driving solicitors can help.
What counts as dangerous driving?
Dangerous driving is an offence under Section 2 of the Road Traffic Act 1988. It is committed when a person's standard of driving falls far below what is expected of a careful and competent driver. This is an objective test, meaning your level of experience as a driver is irrelevant. You could also be accused of dangerous driving if you were driving a vehicle in a ‘dangerous’ condition.
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.
The manner of driving does not need to be continuously dangerous or prolonged. An error of judgement that lasted only a few seconds can amount to dangerous driving. The act does not need to be deliberate and it is not necessary for the police to prove that you intended to drive dangerously. Dangerous driving is a strict-liability offence.
It is important to remember that the manner of driving is not the only factor the court will consider. The surrounding circumstances are also important. A poor standard of driving may not be considered dangerous if the road is quiet and visibility is good. However, the same standard of driving could be considered dangerous if there is heavy traffic and poor visibility. The CPS will often describe this as the 'prevailing conditions'.
Examples of dangerous driving include;
- Speeding, racing or driving aggressively
- Ignoring traffic lights, road signs or warnings from others
- A police chase
- Overtaking dangerously
- Driving whilst under the influence of drink and drugs
What happens when you get charged with dangerous driving?
There are only two ways you can be charged with dangerous driving. You're either stopped by the police or you're not. If you were stopped by the police you could be arrested and taken into police 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 it's likely you'll 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 than in absence. 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 01514228020.
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 an 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 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. 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.
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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 have misunderstood the definition of dangerousness, or they're relying on unfair evidence. The manner of driving may look dangerous on a dash camera but was not 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 writing 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 is 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 a dangerous driving case, this 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.
I 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. I 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 a dangerous driving conviction. 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;
- Complete the NIP
If you complete the NIP and identify yourself as the driver it is likely the police will 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. This could include speeding, failing to stop and failing to report. - 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;
- 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)
- 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
