Dangerous Driving Solicitors

We are Specialists Dangerous Driving Solicitors in London

If your dangerous driving case involved a fatality then please contact our expert Dangerous Driivng Lawyers in London to discuss.

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Dangerous driving is arguably the most serious offence a motorist can face. Sentencing is severe and often includes a prison sentence.

What to expect before and after charge

The Police have notified me that I will be prosecuted for Dangerous Driving. 

What happens next?

  • A warning of intended prosecution is required for dangerous driving (unless an accident occurs), meaning that if you are not stopped at the time by the Police and verbally warned, a written notice of prosecution should arrive at the registered keeper’s address within 14 days of the alleged offence.

  • The Police should arrange for a voluntary interview to take place under caution, ideally at a police station.  It is your right to be legally represented at interview and if you cannot afford to elect your own solicitor, you have a right to free legal representation from a duty solicitor.

    The Duty Solicitor should be arranged beforehand by the interviewing officer or a custody officer and should attend in person with you during the interview.

    You should have the opportunity to provide instructions to the Duty Solicitor prior to interview out of earshot of the Police.  We advise everyone to seek legal advice when invited into interview, prior to making any arrangements with the Police.

  • Disclosure – You, and your solicitor if you are represented, must be given sufficient information for you to understand the nature of the offence that you are suspected of having committed and why you are suspected of committing it.  Fundamentally, you need to know why you are being interviewed.

  • Pre-charge representations – may be made by your legal representative (or you) following the interview under caution, depending upon the nature of the case and whether it is appropriate in the circumstances.  This step, which involves early communication between the parties, can make the difference between being charged or not, and, where available, should always be undertaken.

  • Charge – following interview, a reviewing lawyer/officer will make an assessment as to whether you should be charged.  This stage can often take weeks or months and is an extremely worrying time, particularly in the most serious of cases; understandably so.  The decision will ultimately be that the case is either NFA’d (no further action taken) or you will be charged, and proceedings will ensue from there, initially in the magistrates’ court.

  • Summoned to attend a local Magistrates’ Court to enter a plea of guilty or not guilty.  When pleading not guilty, both the court and, ultimately, you will elect for a case of dangerous driving to be tried in either the Magistrates’ Court or the Crown Court.  If you enter a guilty plea, you can be sentenced at the Magistrates’ Court if the bench feel that their sentencing powers are sufficient, or alternatively, the case can be committed for sentence at the Crown Court if the magistrates decide that the offence is so serious that it should attract a custodial sentence of up to 2 years.

What is Dangerous Driving?

Section 2(1)(a) of the Road Traffic Act 1988 defines "dangerous driving" and provides as follows:

A person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(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.

(2)  A person is also to be regarded as driving dangerously for the purposes of Sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3)  In subsections (1) and (2) above "dangerous" refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused."

The test in section 2(1)(a) is that the driving must fall "far below" "what would be expected of a competent and careful driver", whereas for careless driving it need only fall "below" that standard.

If your dangerous driving case involves a fatality then the advice you need may differ from what is outlined here depending on the circumstances. Please contact us for an informal chat so we can give you bespoke advice about your particular case.  

Dangerous driving is classed as an “either-way” offence. This means that the case can be heard in either the Magistrates or Crown Court depending on how serious it is.

If your case is heard in the Crown Court then you could face more severe penalties as their powers are greater than those of the magistrates’ court. The Crown Court may impose up to two years in prison and impose an indefinite driving ban. By comparison, the maximum prison sentence available to the magistrates’ court is 12 months imprisonment and a 2-year disqualification. Where the court is heard is not always in your hands, yet the venue is hugely significant due to the disparity in the sentencing powers of each court and the way trials are conducted.

Careless Driving (or driving without due care and attention)

The Police have notified me that I will be prosecuted for Careless Driving. What happens next?

A warning of intended prosecution is required for careless driving (unless an accident occurs), meaning that if you are not stopped at the time by the Police and verbally warned, a written notice of prosecution should arrive at the registered keeper’s address within 14 days of the alleged offence.

There are a number of ways that proceedings for careless driving are commenced in a magistrates’ court, including issue of a summons, postal requisition or single justice procedure notice.

 The Prosecution (Crown) can lay an information, which involves applying to the magistrates to issue a summons, requiring you to attend court on a specified date and time.  A Prosecutor can also issue a charge with a requisition for you to attend court on a certain date and time, which will arrive at your home address.  Alternatively, a Prosecutor can issue a charge together with a single justice procedure notice, where it is decided that, if you plead guilty, the matter can be disposed of by a single justice, on the written information provided by the Crown, without the need for a full hearing. 

The case will either be dealt with at a magistrates’ court, where the outcome will be decided by a Single Justice in your absence, or you will attend a court hearing to answer the charge(s) against you. 

Most people prefer to be legally represented at court in view of the range of sentencing options available to the magistrates’ court and the potential impact of disqualification or revocation.

Click here for Sentencing Guidelines 

We want to ensure you are comfortable and fully informed before you make any commitment about your case.

Need a specialist Motoring Defence Law Firm to help you keep your licence?

With over 10 years experience working solely within road traffic defence work, and with a proven track record of being able to defend our clients against these allegations successfully, if you need a drink or drug driving solicitor you can be sure that you will receive expert advice from Motoring Defence Solicitors.

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Dangerous Driving Offences
Frequently Asked Questions

How will the court deal with me for a Dangerous Driving Offence?

The offence of dangerous driving is triable either way, meaning that it can be dealt with in the magistrates court or the Crown Court, depending upon the level of seriousness and the both the defendant and the Court’s choice.  If the magistrates’ court bench decline jurisdiction, the case will immediately be committed or sent to the Crown Court for sentencing or trial.

We would advise any client to obtain legal representation from the outset when facing an allegation of dangerous driving.  The complexity of the initial hearing where the Court and the defendant make a decision on how the case should progress is most likely to impact upon the outcome.

In a case of dangerous driving, representations are made by the Prosecution and the Defence at the early hearing as to where the case should be heard, either the Crown Court or Magistrates’ Court.  The court will decide, upon hearing those representations, how and where the case should be tried or sentenced.  This decision has far-reaching effects on sentencing, as, if sentenced in a Magistrates’ Court the maximum penalty for dangerous driving is a 6 month custodial sentence, whereas in the Crown Court, a 2 year sentence of imprisonment can be imposed.

One topic of consideration, when facing a charge of dangerous driving, is the decision on venue.  For example, if the court considers the case more suitable for trial in a magistrates’ court than in the Crown Court, most people attending court without representation, would naturally assume that the Court’s decision should be accepted. The position is, however, that it is ultimately the individual’s choice.

Another hurdle is that of indication, where an individual intends to plead guilty.  It is imperative that they understand, at the earliest point, the importance of how their plea is recorded to ensure that maximum credit can be preserved where possible.

Where a person accepts that their driving fell below the standard, but the facts and degree of the circumstances differs from that presented by the prosecution, that person is entitled to make representations in respect of their own account of the incident and the level of responsibility accepted.  This situation often occurs with our clients in cases of dangerous driving, in which case we may present a basis of plea to the Prosecutor and that is often accepted, leading to a lesser sentence that the one anticipated by the client.

Even where the basis of dangerous driving is not accepted, we can make further subsequent representations to the Court and as the bench to decide upon which account is accepted and sentence on that basis.  Again, this often leads to the matter being re-categorised and our client receiving a lower sentence than the one they originally faced.

These are just a few examples of why, in our view, representation is highly beneficial when faced with a charge of dangerous driving.

What are the sentencing guidelines for Dangerous Driving?

Maximum: 2 years’ custody

  • Must endorse and disqualify for at least 12 months. Must order extended re-test
  • Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years

The starting point for the bench, when considering the sentence for a dangerous driving conviction, is a medium level community order, however a custodial sentence is most likely where the case involves a greater degree of culpability and harm.

The Magistrates’ Court Sentencing Guidelines presents a non-exhaustive list of examples here and explains how each case should be categorised:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/dangerous-driving/

What can amount to Dangerous Driving?
The wording of the offence means it is open to interpretation and argument but this allegation can arise out of numerous circumstances. It can also arise as part of other offences and examples of dangerous driving can be:
  1.                    Aggressive driving or racing
  2.                   Overtaking manoeuvres that are not considered safe (particularly undertaking)
  3.                   Knowingly driving a vehicle in an unsafe condition (worn tyres, excessive loading etc)
  4.                   Being significantly distracted whilst driving (e.g. eating, using a telephone or radio, reading a map etc)
  5.                   Disregarding traffic signals
This list is not exhaustive, and each case is brought on its own merits which are considered by the police and the Prosecution before formal charges are made against you. Being an “either way” offence means that the court process is more complicated than in those cases that can only be dealt with by the magistrates’ court. Motoring Defence Solicitors has extensive experience of this type of case so please contact us to discuss your options. You can read more about how the courts assess “seriousness” and “aggravating factors” on their respective pages.

Seriousness in Dangerous Driving 

Aggravating & mitigating factors are relevant to almost all road traffic allegations but cases involving dangerous driving require a much more detailed assessment to help decide an appropriate and penalty. 

When sentencing for dangerous driving, the court must start by considering the seriousness of the offence and the scope of issues to consider is wide and varied. The assessment of seriousness will:

  1. Help determine which of the sentencing thresholds has been crossed
  2. Indicate whether a custodial, community or other sentence is most appropriate 
  3. Be the key factor in determining the duration of a custodial penalty,  how heavy the requirements to be incorporated into a community sentence should be and the amount of any fine that the court impose 

The court has a duty to impose a penalty that is commensurate with how serious the offence is and be in line with current guidelines. There are two main parameters that determine seriousness:

  1. The culpability of the offender; and
  2. The harm caused or risked as a result of the offence. 

The Criminal Justice Act 2003 provides the following:

In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence has caused, was intended to cause or might foreseeably have caused” 

Culpability 

So far as sentencing is concerned, there are four levels of culpability that can be identified. Where the offender:

  1. Has the intention to cause harm, with the highest culpability when an offence is planned. The worse the harm intended the more serious the case. 
  2. Is reckless as to whether harm is caused which is when the offender appreciates at least some harm would be cause by his actions but proceeds anyway giving no thought to the consequences even when the extent of the risk would be obvious to most people. 
  3. Has knowledge of the risks involved even though he does not intend to cause the harm that results
  4. Is guilty of negligence  

The extent to which knowledge, intent, recklessness or negligence are involved will vary. 

Harm 

  1. To individual victims  

The types of harm that can result from criminal activity is diverse and can harm victims in various ways such as physical injury, sexual violation, financial loss, damage to health or psychological distress. 

  1. Harm 

1.8 The relevant provision is widely drafted so that it encompasses those offences where harm is caused but also those where neither individuals nor the community suffer harm but a risk of harm is present. 

To Individual Victims 

1.9 The types of harm caused or risked by different types of criminal activity are diverse and victims may suffer physical injury, sexual violation, financial loss, damage to health or psychological distress. There are gradations of harm within all of these categories. 

1.10 The nature of harm will depend on personal characteristics and circumstances of the victim and the court’s assessment of harm will be an effective and important way of taking into consideration the impact of a particular crime on the victim. 

1.11 In some cases no actual harm may have resulted and the court will be concerned with assessing the relative dangerousness of the offender’s conduct; it will consider the likelihood of harm occurring and the gravity of the harm that could have resulted. 

To the Community 

1.12 Some offences cause harm to the community at large (instead of or as well as to an individual victim) and may include economic loss, harm to public health, or interference with the administration of justice. 

Other Types of harm 

1.13 There are other types of harm that are more difficult to define or categorise. For example, cruelty to animals certainly causes significant harm to the animal but there may also be a human victim who also suffers psychological distress and/or financial loss.

Defending Allegations of Dangerous Driving

Driving that person A considers dangerous may be viewed differently by Person B. Stating that the standard of driving must fall “far below” what is expected from the “careful and competent” driver creates a high threshold and we often find that allegations of dangerous driving can be reduced to the lesser charge of careless driving. This has a significant impact on the penalty you face. 

Dangerous driving cases rarely involve technicalities and largely focus on the facts. Witness testimony is crucial in cases such and there is little evidence that is safe from challenge.

At times, allegations of dangerous driving arise from a “heat of the moment”-type scenario where a disgruntled motorist (whether a civilian or a police officer) has been inconvenienced because of your driving and makes an allegation against you. At the time of the incident, the gravity of it can seem greater than it actually is. Despite initially branding driving as dangerous, when the case is looked at objectively you may realise that what happened was not that serious as initially thought. 

We would strongly recommend specialist representation due to the complexities involved in a dangerous driving case. Court proceedings can be lengthy, intimidating and confusing but our specialists can guide you through this process and offer support at each stage of the case.

Pleading Guilty

If you accept that you have driven dangerously you may decide to plead guilty to the allegation in which case the proceedings become largely about damage limitation.

The proceedings to plead guilty to dangerous driving can still be more complex than for most road traffic cases due to the severity of the potential penalties and we want to help you navigate the court process and secure as positive a result as possible.

For guilty-plea cases , we can offer a fixed-fee to prepare comprehensive mitigation and provide an experienced barrister to represent you at court. Having representation can hugely reduce the stress and pressure caused by proceedings so please contact us to discuss your case in more detail.

We have proven to be hugely successful at securing excellent results for clients pleading guilty and representation may prove to be the difference between a prison sentence and a disqualification from driving.

We would recommend considering our special reasons page to see if this may apply to your case.

What makes Motoring Defence Solicitors different from the rest?

Being charged with an offence can be a frightening experience but we can help you. Finding the right representative can be a daunting process but we believe that our client-care and success-rate are both market-leading.

At Motoring Defence Solicitors we look at every possible aspect of your case and provide you with thorough and clear advice . We do not bombard you with legal jargon but rather give you an honest and frank opinion about the merits of your case. Our aim is to ensure that you have all the information required to make the best decision for your own case as you are the person that will live with the outcome.

As part of this process we will scrutinise the case against you and look specifically at:

The Strength of the Evidence Against You.

The Prosecution must convince the court that you are guilty beyond reasonable doubt and as mentioned above, the threshold for what is considered “dangerous” is high. We know that defendants often plead guilty before seeking advice, possibly because of negative advice at the police station but the evidence against you must be strong enough to prove that you are guilty and this should never be overlooked.

Prosecution Procedure

The Prosecution has obligations that they must satisfy when preparing a case and we often see instances where they fail to do this. It is one of your fundamental legal rights to a fair trial and we have successfully argued that the failings of the Prosecution prevent you from enjoying this right. This can often lead to the case being dismissed.

Whether Special Reasons apply

A non-motor law specialist may advise you to plead guilty. Therefore, we would strongly recommend that you contact us to get the most accurate advice.

How Much Does it Cost to defend against a Dangerous Driving Charge?

Due to the complexities of the court process and legislation, dangerous driving cases require extensive preparation. The potential consequences of this offence are severe so preparation and keen attention to detail and crucial.

We strongly recommend that you check any insurance policies you currently hold to see if you have any legal protection.  Legal Protection (“motor legal protection” or “legal expenses insurance”) is often included in policies as a free add-on and you may not be aware that you have it. If you have this level of cover then the insurance company may be able to provide funding for representation.

Please note that the insurer may claim you must use a firm of their choosing but rest assured this is simply not the case.  We are happy to liaise with your insurer on your behalf in order to secure funding if you wish to instruct us.

The costs of representation will vary depending on whether you decide to plead guilty or not guilty. We can provide you with free advice in respect of your plea, so you can make the right decision for you.

If you wish to plead guilty we would not usually expect more than one hearing, however sometimes dangerous driving cases can include a number of hearings before you are sentenced.

Should you wish to defend your case then it may be several months before your case reaches trial and the fees incurred will be influenced by:

  1. The complexity of the case is; and
  2. The number of hearings involved/duration of the proceedings

We would only advise you to defend your case if we genuinely believed you had a high chance of success.  We can also offer flexible payment plans to try and assist you in respect of funding.

For more detail about the fee structure and payment options available please visit our dedicated costs page here or contact us to discuss your case in more detail.

Drink Driving
If you face an allegation it is important you seek advice from specialist drug & drink driving solicitors. We urge you to contact us as soon as possible to discuss all of your options.
Drug Driving
Over 95% of our clients charged with drug driving have been found not guilty. Seeking advice early can significantly impact upon your chances of success at trial if you decide to defend the matter.
Blood & Urine Samples
Over 95% of our clients have been found not guilty at trial when a sample of blood was taken regardless of the charge. If you have donated a sample (blood/urine) contact us as soon as possible
Hospital Procedure
Donating a sample whilst in hospital has a significant impact on your case and the advice we will give you. If you were a patient during the police officer’s procedure, contact us today!

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