Dangerous Driving
Section 1 of the Road Traffic Act 1988 makes it an offence for a person to drive a mechanically propelled vehicle dangerously on a road or other public place. The wording of the offence appears straightforward. However, a persons driving must fall far below what would be expected of a careful and competent driver and it must be obvious to a careful and competent driver that the driving was dangerous.
The police are often quick to allege that someone's driving is dangerous. Of course, the police are not lawyers and will often use the term dangerous when describing a persons driving. But what is considered dangerous driving?
Common examples of Dangerous Driving include:
- Competing or racing with another motorist
- Aggressive or erratic driving
- Driving whilst being pursued by police
- Overtaking dangerously
- Driving with alcohol or drugs in your system
- Driving a vehicle you know to be defective
What penalty will I get for Dangerous Driving?
You may face any of the following penalties if you are convicted of Dangerous Driving:
- A minimum 12 month driving ban
- A compulsory extended driving test
- Unlimited fine
- A custodial sentence
Careless Driving
Careless driving is where the standard of driving falls below an acceptable standard. The act states that a person is guilty of careless driving if they drive a motor vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.
Common examples of careless driving can include:
- Brake-checking the vehicle behind
- Using a mobile phone whilst driving
- Running a red light
- Failing to comply with a road sign
- Tailgating
- Overtaking on the inside
It is a common misconception is that Speeding is classed as Careless Driving. It is very common for the police to allege that someone is driving carelessly when they do not have evidence of a recorded speed. Just because you may have been speeding, this does not mean that the standard of driving can be classed as careless. If you have been told that you are going to be prosecuted for Careless Driving, it is important to explain what has happened to a specialist solicitor. We offer free, initial advice.
0151 422 8020
What penalty will I get for Careless Driving?
The penalty for Careless Driving ranges from 3 - 9 penalty points. In the more serious cases, the court will have the discretion to impose a driving disqualification. In 2012, the law provided police officers with the power to issue a Fixed Penalty Notice (FPN) at the roadside for the less serious incidents of Careless Driving. This can be settled by a motorist by accepting penalty points and a fine.
The police can also offer a driving course as an alternative to penalty points. What's Driving Us? is a driver awareness course aimed at motorists who have allegedly committed minor traffic offences. The course can also be offered for Using A Handheld Mobile Phone Whilst Driving but the police are often unaware of this. If you have been told that you are being prosecuted for Careless Driving it is important to seek legal advice at the earliest opportunity. We can make representations to the police on your behalf. The police may decide to offer a course or drop an allegation depending upon our involvement.
0151 422 8020
Going to court
Careless Driving is a summary only offence and as such, it can only be heard in the Magistrates' Court. After 6 months the offence becomes time-barred. Dangerous Driving is considered an either way offence so can be heard either in the Magistrates' Court or the Crown Court. If the Magistrates' consider a Dangerous Driving case to be so serious, they can choose to refer the case to the Crown Court. The Crown Court have greater sentencing powers than the Magistrates' Court. This automatically increases the risk of a custodial sentence in these types of offences.
Causing Death by Dangerous Driving
Note: for offences committed on or after 28 June 2022 the maximum sentence is life imprisonment and the minimum disqualification is 5 years with compulsory extended re-test.
