Dangerous Driving Offence Solicitors

Dangerous Driving Offence Solicitors

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

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