Section 2 Road Traffic Act - Dangerous Driving Defences

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?

(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.

• 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

• 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
• The offender’s culpability falls between A and C

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.

• 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. 

• 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. 
  

• 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.