There are a number of factors which make Caddick Davies the ideal option for anyone facing a motoring charge in England or Wales:
Experienced Solicitors For Your Dangerous Driving Charge
At Caddick Davies Solicitors, we specialise in representing motorists who have been charged with a dangerous driving offence.
As specialist dangerous driving solicitors, we are able to use our experience and expertise to provide the best possible representation to our clients, and have successfully defended many motorists.
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.
What is a dangerous driving offence?
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 “careful and competent driver”.
The offence can also be committed if a person drives a vehicle which is in a dangerous condition.
This 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.
What qualifies as dangerous driving?
The offence of dangerous driving is committed if the standard of a person’s 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 or ignoring road signs
- Driving on pavements
- Driving under the influence of alcohol (drink driving) or drugs (drug driving), including prescription drugs
- Dangerous use of a hand-held mobile phone
- Dangerous overtaking
- Driving a vehicle in a dangerous condition or with a dangerous fault e.g. without brakes
If you find yourself investigated, charged or summoned to court for dangerous driving offences, please contact us for advice and a no obligation consultation on how we can help.
What are the penalties for dangerous driving?
The maximum penalty for dangerous driving is 2 years imprisonment and disqualification from driving for a minimum of 12 months.
In most cases, you won’t face a prison sentence. However, this may be considered in the case of 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 from driving and there is no restriction on the length of disqualification, with periods of up to 5 years not being uncommon. So, you can be certain of a driving ban if you are convicted of dangerous driving.
Following the expiration of the period of disqualification, a person will remain disqualified from driving until they have completed an extended re-test. It’s only upon passing this extended re-test that your driving licence will be reinstated.
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 no-obligation consultation on how we can help you.
What are the defences to dangerous driving?
If you’ve been charged with dangerous driving, you might be wondering whether there are any defences available to you.
The defences to a dangerous driving charge 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 that it was.
If you’ve been charged with dangerous driving offences, the most important thing is to seek the representation of an experienced dangerous driving solicitor. They will be able to advise you of any defences that are available to you, as well as the best course of action in your case.
How does the dangerous driving re-test work?
If you are convicted of dangerous driving, your driving licence will be revoked and you will be disqualified from driving.
Before you can reapply for your driving licence, you will be required to undertake an extended re-test. This will involve additional requirements and a longer driving period than the standard driving test.
The re-test will comprise both a practical driving test and an eyesight test. You will need to provide your own vehicle for the test, which must be insured for you to drive.
The test will last for around 90 minutes and will be conducted on both roads and in traffic. The examiner will be looking to see that you can drive safely and confidently in a variety of different road and traffic conditions.
If you pass the re-test, your driving licence will be issued to you and you will be able to start driving again.
Call us for a free initial consultation0333 443 2366
Or we can call you back at a time of your choice
How can Caddick Davies help?
Caddick Davies are specialist motoring solicitors led by nationally renowned lawyer Neil Davies. Whether you’re facing a charge of careless driving, dangerous driving or death by dangerous driving, we can provide you with expert representation, giving you the best possible chances of securing a positive outcome.
We understand how much is at stake, which is why we will do everything in our power to help you avoid a driving ban and keep your licence.
As specialist dangerous driving solicitors, we have successfully defended many motorists, in motoring courts around the country, 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.
Common Dangerous Driving Questions
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.
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.
Both of these charges involve putting other road users at risk as a result of your driving. But what’s the difference between the two?
Dangerous driving is a more serious offence than careless driving. The main difference between the two is the standard of driving; dangerous driving is classed as a deliberate act, whereas careless driving is classed as a momentary lapse in concentration.
For example, dangerous driving could include aggressive driving, ignoring road signs, drug driving, drink driving and knowingly driving a car with a dangerous fault.
In contrast, careless driving offences could include undertaking another vehicle, mistakenly driving through a red traffic light or flashing your headlights to force other drivers to give way.
The penalties for each offence reflect the seriousness of the crime; dangerous driving will always lead to a driving ban and in more serious cases could result in a custodial sentence, whereas careless driving usually results in a fine or points on your licence.
Both of these charges are serious offences, and seeking specialist legal representation will give you the best possible chance of being found not guilty or of securing a more lenient sentence.
If aggressive driving puts other road users at risk, then this could amount to dangerous driving.
Aggressive driving can include many different behaviours such as speeding, tailgating, cutting people up and using your car to intimidate or scare other road users. It is important to remember that even if no one is actually put at risk, if the driving is such that it would have been obvious to a reasonable person that there was a potential risk, then this could still amount to dangerous driving.
The penalties for aggressive driving can be severe; in the most serious cases a prison sentence is possible. 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 and provide legal representation for your case.
If the police think that you have committed an offence of dangerous driving they may stop your vehicle at the roadside and question you about what happened.
You should always give your name and address to the police when asked, but you are not obliged to answer any other questions and it is important to remember that anything you do say can be used in evidence against you.
The police may also ask to examine your vehicle and they may carry out a roadside breath test if they think that you have been driving under the influence of drink or drugs.
If the police believe that you have committed an offence of dangerous driving, you may be arrested and taken to the police station for further questioning. If this happens, you have the risk to seek legal representation, either from the duty solicitor or from a specialist motoring offence solicitor.
Why Caddick Davies?
Over 5,000 cases covered
Our extensive experience allows us to choose the most effective legal approach to each case
150+ 9.5 reviews on Trustpilot
We are proud to have a wealth of clients who have appreciated our services and who would recommend us to any friends or family who find themselves facing a motoring charge.
UK’s Leading Motoring Solicitors
We have a highly-effective track record in defending motoring charges, leading to no penalties, or considerably reduced penalties, being imposed on our clients.
We have been successfully representing clients in motoring courts nationwide
Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
Make an Enquiry
Call Us on 03334 432 366 or enter your details below:
Your data is secure
Why Choose Us
- Ranked in the top 20 law firms by Trustpilot
- Nationwide Legal Coverage
- Free Consultation
- Fixed Fee Terms
- Competitive Rates
- Flexible Payment Plans
- Trusted Legal Care
- UK’s Leading Motoring Solicitors