Dangerous driving is undoubtedly one of the most serious road offences to be committed, carrying a wide offence range from an obligatory 12 month driving ban and a low level community order, to a potential custodial sentence. If your standard of driving is so poor that you caused a death as a result of it, you could even get a life sentence. But what actually classifies as dangerous driving? And are there any defences?
What is dangerous driving?
According to Section 2A of the Road Traffic Act 1988, a person can be said to be 'driving dangerously' if:
(a) the way he drives falls far below what would be expected of a competent and careful driver, and (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
When referring to the sentencing guidelines, there is a certain criteria which is followed in order to convict someone of dangerous driving, and to decide how serious the offence was which you committed. In court this is known as 'culpability' and it is broken down into Section A, B and C. A being the most serious, C being just over the threshold for dangerous driving. Some of the offences you will find in Section A are:
- Deliberate decision to ignore the rules of the road and disregard for the risk of danger to others
- Prolonged, persistent and deliberate course of dangerous driving
- Obviously highly dangerous manoeuvre
- Prolonged use of mobile phone or other electronic device
- Driving highly impaired by consumption of alcohol and/ or drugs
- Offence committed in course of evading police
- Racing or competitive driving against another vehicle
- Persistent disregard of warnings of others
- Lack of attention to driving for a substantial period of time
- Speed significantly in excess of speed limit or highly inappropriate for the prevailing road or weather conditions
Section B offences:
- Use of mobile phone or other electronic device (where not culpability A)
- Driving knowing that the vehicle has a dangerous defect or is dangerously loaded
- Driving at a speed that is inappropriate for the prevailing road or weather conditions (where not culpability A)
- Driving impaired by consumption of alcohol and/or drugs (where not culpability A)
- Driving significantly impaired as a result of a known medical condition, and/or disregarding advice relating to the effect of a medical condition or medication
- Driving when deprived of adequate sleep or rest
- Disregarding a warning of others
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The offender’s culpability falls between A and C
As explained above, Section C is defined as the standard of driving being just over the threshold for dangerous driving.
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.
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.
What are the defences?
Just because the police accuse you of driving dangerously under Section 2 of the Road Traffic Actthe 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.
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A third party caused an accident but left the scene - Third parties often cause accidents and leave the scene. This commonly arises on motorways where one vehicle veers into the path of another, causing it to lose control and collide with other vehicles. If you suspect that another vehicle might have been involved, it's important that you notify the police immediately.
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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.
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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.
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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.
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.
