Being investigated or charged with dangerous driving is a serious matter. Unlike many road traffic offences, a dangerous driving conviction can result in a prison sentence, a mandatory driving disqualification and a requirement to pass an extended driving test before you can regain your full licence. The consequences can extend well beyond the courtroom too, potentially affecting employment, insurance, family life and, in the most serious cases, a person's liberty.
However, an allegation of dangerous driving does not automatically mean that the legal test for the offence has been satisfied. The distinction between driving which is careless and driving which is legally dangerous is extremely important, and dangerous driving cases can involve detailed consideration of CCTV, dashcam footage, witness evidence, speed calculations, mobile phone data, collision reports and expert evidence.
In this guide, the specialist motoring solicitors at MAJ Law explain what dangerous driving means, what the prosecution must prove, the sentence and driving ban you could face, and some of the issues which may arise when defending a dangerous driving charge.
A dangerous driving allegation should never be judged solely on how serious the incident looks. The question for the court is whether the prosecution can prove the specific legal test for dangerous driving beyond reasonable doubt. - MAJ Law
What Is Dangerous Driving and What Does the Prosecution Have to Prove?
Dangerous driving is an offence contrary to section 2 of the Road Traffic Act 1988. The legal definition is important because somebody does not commit dangerous driving simply because another road user, police officer or witness describes their driving as “dangerous”. Under section 2A of the Road Traffic Act 1988, driving is regarded as dangerous where the way a person drives falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous. The legislation can also apply where the danger arises from the condition of the vehicle, including anything attached to or carried on it, where it would be obvious that driving the vehicle in that state would be dangerous.
The words “far below” are crucial. They distinguish dangerous driving from the separate offence of careless or inconsiderate driving, for which the standard of driving need only fall below that expected of a competent and careful driver. In a dangerous driving prosecution, therefore, it may not be enough for the prosecution simply to establish that the defendant made a mistake, exercised poor judgement or drove below the expected standard. The prosecution must establish the considerably higher threshold required by the dangerous driving legislation.
Whether that threshold has been crossed will depend heavily upon the circumstances. The court may consider the manner of driving, speed, road layout, visibility, weather, traffic levels, pedestrians and other vulnerable road users, the length of time for which the driving continued and any other behaviour occurring at the same time. The assessment is objective: the issue is the standard of the driving when measured against that of a competent and careful driver.
This distinction can become particularly important where the defence accepts that some aspect of the driving was poor but disputes that it was sufficiently serious to amount to dangerous driving.
“There is an important legal difference between driving that falls below the expected standard and driving that falls far below it. In some cases, that single distinction can completely change the seriousness of the offence a motorist faces.” — MAJ Law
What Counts as Dangerous Driving?
There is no exhaustive list of behaviour which will always amount to dangerous driving. Every allegation must be considered on its own facts. However, examples capable of supporting a dangerous driving prosecution can include:
- racing or competitive driving,
- grossly excessive or inappropriate speed,
- aggressive driving,
- dangerous overtaking,
- deliberately ignoring traffic lights or road signs,
- prolonged distraction,
- serious mobile phone use,
- driving while impaired by alcohol or drugs,
- driving while dangerously fatigued,
- knowingly driving a vehicle with a dangerous defect or attempting to evade police in a manner which places other road users at risk.
Speed is a particularly good example of why context matters. Speeding does not automatically amount to dangerous driving. A driver exceeding the speed limit may commit a speeding offence without their driving necessarily meeting the much higher threshold for dangerous driving. However, speed can become evidence of dangerous driving where it is particularly excessive or inappropriate for the conditions. The court may consider not only how fast the vehicle was travelling, but where the driving occurred, the applicable limit, traffic density, visibility, junctions, pedestrians, weather conditions and whether the excessive speed was accompanied by weaving through traffic, undertaking, dangerous overtaking or other manoeuvres.
Mobile phone use can similarly range considerably in seriousness. A separate offence exists for unlawful use of a handheld mobile phone while driving, but serious or prolonged distraction may also form part of a dangerous driving allegation. Evidence from a mobile device can therefore become extremely important, particularly where the prosecution alleges that a driver was sending messages, making calls, recording video or otherwise interacting with a device immediately before a collision.
The same applies to video evidence. Dashcam, CCTV, police body-worn footage and recordings from other vehicles can be extremely powerful evidence, but the existence of footage does not automatically prove dangerous driving. A recording must still be analysed in context. A short clip might not show what happened immediately before the recording began, the camera angle may affect the apparent distance or speed of vehicles, and assumptions about speed based simply upon viewing footage may require closer scrutiny. Where appropriate, obtaining the complete recording rather than relying upon a short extract can be important.
Dangerous Driving vs Careless Driving: What Is the Difference?
The difference between dangerous driving and careless driving is one of the most important issues in this area of motoring law. Careless driving occurs where the standard of driving falls below what would be expected of a competent and careful driver. Dangerous driving requires it to fall far below that standard, together with the additional requirement that it would be obvious to a competent and careful driver that driving in that way would be dangerous.
That difference can have enormous consequences for a defendant. Careless driving is generally dealt with much less severely, whereas dangerous driving carries the possibility of imprisonment, obligatory disqualification and an extended driving test. Consequently, there are cases where the real dispute is not whether the defendant's driving was perfect, but how far below the expected standard it actually fell.
This can also become relevant when considering whether an allegation should properly be prosecuted as dangerous driving at all. Depending upon the evidence and circumstances, a defence may accept that a motorist's driving amounted to an error or fell below the required standard while maintaining that the prosecution cannot prove the substantially higher threshold necessary for dangerous driving.
The distinction cannot simply be determined by the fact that a collision occurred. A serious accident does not, by itself, prove dangerous driving. Equally, there does not need to be a collision at all for dangerous driving to be committed. The court is concerned with the manner of driving and the risk created, rather than deciding the offence purely according to the eventual outcome.
What Is the Sentence for Dangerous Driving?
Dangerous Driving Sentencing & Penalties
| Penalty | Dangerous Driving |
|---|---|
| Maximum prison sentence | Up to 2 years' imprisonment |
| Sentencing range | Community order to 2 years' custody |
| Driving ban | Mandatory disqualification |
| Minimum disqualification | At least 12 months |
| Driving test | Compulsory extended driving test before regaining a full licence |
| Fine | An unlimited fine may be imposed |
| Court | Can be dealt with in the Magistrates' Court or Crown Court |
| Penalty points | Disqualification ordinarily applies rather than points alone |
| Criminal record | A conviction results in a criminal record |
Dangerous driving is an either-way offence, meaning that it can be dealt with in the Magistrates' Court or Crown Court depending upon the circumstances and procedural route. The maximum sentence for dangerous driving is currently two years' imprisonment. The Sentencing Council guideline provides a range extending from a community order through to two years' custody, with the eventual sentence depending upon the court's assessment of the offender's culpability, the harm caused or risked and the presence of aggravating and mitigating factors.
A prison sentence is therefore possible, but imprisonment is not inevitable in every dangerous driving case. There is a significant difference between an offence which only just crosses the dangerous driving threshold and a prolonged episode involving extreme speed, racing, serious distraction or deliberate disregard for the safety of others. The sentencing court will examine the individual circumstances rather than simply applying the maximum penalty because the offence is labelled dangerous driving.
The consequences for the driving licence are also serious. A conviction for dangerous driving ordinarily carries an obligatory disqualification for at least 12 months, although a substantially longer ban can be imposed depending upon the case. The driver will also normally be required to pass an extended driving test before regaining a full driving licence. For somebody who relies upon driving for work, family responsibilities or their livelihood, those consequences can be substantial even where immediate imprisonment is avoided.
Aggravating factors can increase the seriousness of an offence, while mitigation can affect the eventual sentence. Guilty pleas can also affect sentence in accordance with the applicable rules. Anyone considering entering a plea should obtain legal advice based upon the actual evidence rather than pleading guilty simply because they believe their driving was poor or because a collision occurred.
The maximum sentence tells you how seriously Parliament treats dangerous driving; it does not tell you what sentence a particular defendant will receive. Sentencing is highly fact-specific and the circumstances of the driving matter enormously. - MAJ Law
How Is a Dangerous Driving Charge Defended?
There is no single defence which applies to every dangerous driving prosecution. Effective representation begins with understanding precisely what the prosecution says happened and then testing that allegation against the available evidence. Depending upon the case, that can involve reviewing police statements, CCTV, dashcam footage, body-worn video, mobile phone records, vehicle data, photographs, ANPR records, speed evidence, collision investigation reports and expert evidence.
One of the first questions may be whether the prosecution can establish the alleged standard of driving at all. Where video footage exists, does it show the complete incident or only a short section? Where speed is alleged, how has that speed been calculated and how reliable is the methodology? Where witnesses describe a vehicle as travelling extremely quickly, can their estimate be reconciled with objective evidence? Where mobile phone distraction is alleged, what does the device evidence actually establish about use at the relevant time? If the case involves a collision reconstruction, do the assumptions and calculations used by the prosecution's expert withstand scrutiny?
Identification can also be an issue in some cases. The prosecution must prove that the defendant was the person driving. In others, identity may be accepted but the interpretation of the driving itself may be challenged. There may also be cases in which the evidence demonstrates careless driving but does not establish that the driving fell far below the required standard.
This is why dangerous driving cases should not be approached simply by asking, “Did something bad happen?” The proper questions are what can actually be proved, what evidence supports the allegation and whether that evidence satisfies each element of the offence beyond reasonable doubt.
Early legal advice can also be important before charge. A police interview is not simply an administrative step in an investigation. What a suspect says — or fails to explain when questioned — can potentially become relevant later. A solicitor can advise on the evidence disclosed by police, the questions being asked and the appropriate approach to interview.
What Happens if Dangerous Driving Causes Serious Injury or Death?
Where dangerous driving results in particularly serious consequences, the potential offence and penalties change significantly. Causing serious injury by dangerous driving is a separate offence and carries substantially greater sentencing powers than dangerous driving alone. Where another person dies, a driver may instead face prosecution for causing death by dangerous driving, one of the most serious road traffic offences in England and Wales.
For causing death by dangerous driving committed on or after 28 June 2022, the maximum sentence is life imprisonment. The current Sentencing Council guideline provides an offence range of 2 to 18 years' custody, depending upon culpability and the circumstances of the offence. Conviction also carries a substantial mandatory disqualification and an extended driving test.
Fatal collision investigations can be highly complex. Police may obtain vehicle data, CCTV, mobile phone downloads, witness statements, forensic evidence, toxicology results and detailed collision reconstruction evidence. The fact that a death has occurred does not remove the prosecution's obligation to prove that the defendant's driving met the statutory definition of dangerous driving and that the dangerous driving caused the death.
For somebody involved in a fatal road traffic investigation, obtaining specialist representation as early as possible can therefore be extremely important. Decisions and evidence obtained during the early stages of an investigation may ultimately become central to proceedings months or even years later.
Charged With Dangerous Driving? Speak to a Specialist Motoring Solicitor
If you have been arrested, interviewed or charged with dangerous driving, it is important to understand exactly what offence you face and the evidence being relied upon. A dangerous driving conviction can lead to imprisonment, a significant driving disqualification and an extended retest, while allegations involving serious injury or death carry even greater consequences.
At MAJ Law, we specialise exclusively in motoring law. Our solicitors represent motorists facing dangerous driving allegations and other serious road traffic prosecutions throughout England and Wales. We examine the prosecution evidence in detail, identify legal and evidential issues and provide clear advice about the options available at every stage of proceedings.
If you are currently under investigation, have received a postal requisition or have been charged with dangerous driving, contact MAJ Law as soon as possible to discuss your case with a specialist motoring solicitor.
Speak to MAJ Law today for specialist advice and representation.
