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Dangerous Driving Offence Solicitors

Stopped for Dangerous Driving?

At Caddick Davies Solicitors we specialise in the representation of motorists charged with the offence of dangerous driving and over the years have successfully defended many motorists.

As specialist dangerous driving solicitors, we are able to use our experience and expertise to provide the best possible representation to our clients. As specialists in this field of law we work closely with some of the leading road traffic collision investigators in the UK, in order to allow us to thoroughly prepare your case and secure the most positive outcome.

A person commits the offence of dangerous driving if they drive on a road or in a public place and the standard of their driving falls “far below” what would be expected of a “competent and careful driver”. The offence can also be committed if a person drives a vehicle which is in a dangerous condition.

The is a serious offence which attracts a sentence of imprisonment of up to 2 years and disqualification for a minimum of 12 months. After any period of disqualification an extended re-test is also required to be taken.

If you find yourself facing a police investigation, charged or summonsed to appear before the Magistrates’ Court for dangerous driving,  please contact us for advice and a no obligation consultation on how we can help you.

Below you will find detailed information on Dangerous Driving Law, How we Can Help and Commonly Asked Questions About Dangerous Driving.

Dangerous Driving Law

Offence of Dangerous Driving 

The offence of Dangerous Driving is committed if the standard of a persons driving falls “far below” that expected of a “competent and careful driver” and that it would be obvious to a competent and careful driver that driving in that way would be dangerous.

The offence can also be committed if a person drives a vehicle which is in a dangerous state and that it would be obvious to the “competent and careful” driver that driving the vehicle in that state would be dangerous.

Examples of Dangerous Driving include:

•Competitive driving or racing
•Deliberate disregard of traffic signals
•Driving on pavements
•Dangerous use of a hand-held mobile phone
•Dangerous overtaking
•Driving a vehicle in a dangerous condition e.g. without brakes

If you find yourself investigated, charged or summonsed for an offence of dangerous driving, please contact us for advice and a no obligation consultation on how we can help.

Penalty for Dangerous Driving  

The maximum penalty for dangerous driving is 2 years imprisonment and disqualification from driving for a minimum of 12 months.

Sentences of imprisonment will usually be reserved for the most serious offences often including elements of deliberate bad driving and road rage or for those with previous similar convictions.

In all cases the court must impose a minimum 12 month period of disqualification and there is no restriction on the length of disqualification, with periods of up to 5 years not being uncommon.

Following the expiration of the period of disqualification a person will remain disqualified from driving until they have completed an extended re-test.

If you find yourself facing a police investigation, charged or summonsed to appear before the Magistrates’ Court for dangerous driving, please contact us for advice and a no obligation consultation on how we can help you.

Defences to Dangerous Driving 

The defences to a charge of dangerous driving are largely factual and can include:

• The driving alleged to amount to dangerous driving did not
happen;

• The standard of driving did not fall far below that expected of a
competent and careful driver; and

• The driver did not know that the vehicle was in a dangerous
condition and it would not have been obvious to the competent
and careful driver t that it was.

If you find yourself investigated, charged or summonsed for an offence of dangerous driving, please contact us for advice and a no obligation consultation on how we can help you.

Extended Re-Test for Dangerous Driving 

Any person convicted and disqualified from driving for an offence of dangerous driving will be required to undertake an extended re-test before they are allowed to drive.

If you are ordered to undertake an extended re-test, you will remain disqualified from driving until you have completed the appropriate test.

If you find yourself facing a police investigation, charged or summonsed to appear before the Magistrates’ Court for dangerous driving, please contact us for advice and a no obligation consultation on how we can help you.

Specialist Dangerous Driving Solicitor Representation

How we can help 

At Caddick Davies Solicitors we specialise in the representation of motorists charged with Dangerous Driving.

As specialists, we have successfully defended many motorists charged with Dangerous Driving and are able to use our expertise and experience to secure the best possible results for our clients.

If you find yourself investigated, charged or summonsed before the Magistrates’ Court for an offence of dangerous driving, please contact us for advice and a no obligation consultation on how we can help.

Commonly Asked Questions About Dangerous Driving

Can speeding amount to Dangerous Driving? 

Excess speed cannot in its own right amount to Dangerous Driving.

If however, high speeds are combined with unfavourable driving conditions such that overall driving conduct may be considered to be dangerous, then the offence will be committed.

By way of example, if you were to drive at a speed of 120mph in good weather conditions and with no traffic, then it is unlikely that this would amount to dangerous driving. If however, you were to drive at 120mph on a motorway, in bad weather with poor visibility and with heavy traffic, then this could amount to dangerous driving.

The question of whether high speed amounts to dangerous driving will be determined by the facts of each and every individual case.

If you find yourself investigated, charged or summonsed for an offence of dangerous driving, please contact us for advice and a no obligation consultation on how we can help you.

I have been accused of Dangerous Driving following a "road rage" incident - will I go to prison? 

If you are convicted of dangerous driving involving an altercation between two motorists or “road rage”, there is a significant risk that a sentence of imprisonment will be imposed.

In the case of Kennion (1997) the court of appeal commented:

“where otherwise perfectly respectable people or impeccable character lose control when sitting behind the wheel of a motor car because they imagine in some way that they have been provoked” i.e. road rage, they “can expect an immediate custodial sentence.

If you find yourself investigated, charged or summonsed for an offence of dangerous driving involving an allegation of road rage, please contact us for advice and a no obligation consultation on how we can help you.

Case Study

Mr George (name changed for confidentiality), was prosecuted for offences of dangerous driving, failing to stop and failing to report an accident in connection with a road traffic collision on the M6.

He had been going away for the weekend and was running late. As he drove south along the M6, the motorway was heavily congested. In his haste and with some impatience he made the decision to begin weaving between the cars in all three lanes of the motorway. As he completed one of these manoeuvres, he struck the nearside (passenger side) of a car driven by a young female and with both young and old passengers. This collision caused the other vehicle to spin out of control along the motorway before coming to rest on the hardshoulder. Fortunately, whilst inuries were sustained none were serious. Mr George being shocked at the collision did not know how to respond and continued along the motorway, eventually reporting the incident at a police station.

In view of a large number of independent witnesses to the accident and an earlier admission by Mr George that he was the driver, we advised that the appropriate plea was one of guilty and that our ultimate aim was to avoid his imprisonment.

Mr Georges case progressed to the Crown Court and we instructed a QC (Queens Counsel) to represent him. Following negotiation, the prosecution agreed that this had in fact only been a short lived piece of driving and that it had not been deliberate or tinged with “road rage” and that his failure to stop was explained by his own shock. In these circumstances, Mr George was sentenced, the Judge imposing an 8 month custodial sentence, which would be suspended for 12 months and which he would not have to serve provided that in that period he did not commit a further serious offence and he completed 200 hours community service.

Needless to say given the facts of the case and the very real risk of an immediate prison sentence, Mr George was a happy and relieved man.

We are all capable of these moments of madness and it is our job to ensure that they don’t have longstanding and far reaching consequences.

 

Mr George, Company Director, Manchester