Dangerous Driving

Expert Legal Representation for Dangerous Driving Offences 

One of the most serious motoring offences we deal with is dangerous driving. At Olliers Solicitors, our specialist motoring offence lawyers provide expert legal representation for individuals facing dangerous driving charges across England and Wales. With decades of experience in defending complex road traffic cases, we understand how stressful and disruptive a dangerous driving allegation can be, especially when your driving licence, livelihood, reputation, and liberty are at stake.

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Dangerous driving is one of the most serious motoring offences that we deal with at Olliers. A person is guilty of dangerous driving if the way they drive falls far below the standard expected of a competent and careful driver and if it would be obvious to any competent and careful driver that driving in that way would be dangerous. Furthermore, a person is regarded as driving dangerously if it would be obvious to a confident and careful driver that driving the vehicle in its current state would be dangerous. The difference between careless driving and dangerous driving is a fine line and often overlaps. Examples of what might amount to dangerous driving include police chases, racing or competitive driving, driving significantly in excess of the speed limit, and driving a vehicle knowing that it has a defect. At Olliers, we recognise the gravity of a dangerous driving allegation. Our specialist motoring solicitors will scrutinise the evidence, assess the standard of driving alleged, and identify any weaknesses in the prosecution case. In some situations, it may be possible to argue that the driving was careless rather than dangerous, which would significantly reduce the penalties involved. The consequences of a conviction for this offence are severe and can impact your livelihood, your reputation, and your future. The penalty a motorist will face will be dependent on if the case is heard in the Magistrates court or the Crown Court. Dangerous driving carries a mandatory disqualification from driving, an extended driving retest, and either a community order or a possible custodial sentence. Every case turns on its facts and early expert advice is crucial. If you are accused of dangerous driving, contact our motoring department immediately. The sooner we are involved, the better we can protect your licence and your liberty.

How is Dangerous Driving Defined?

Pursuant to section 2 of the Road Traffic Act 1988, it is an offence to drive a vehicle dangerously on a road or public place.

Section 2A(1) of the Road Traffic Act 1988 outlines that a person is to be regarded as driving dangerously if:

Their driving falls far below what would be expected of a competent and careful driver; and
It would be obvious to a competent and careful driver that driving in that way would be dangerous.

A person is also to be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

The Meaning of “Far Below”

The difference between careless driving and dangerous driving is that the driving in question must fall “far” below that of a competent and careful driver. There is no statutory definition for “far below” and whether a defendant’s driving falls “far” below that of a competent and careful driver is an objective test to be decided by the court.

The Meaning of “Dangerous”

Section 2A(3) of the Road Traffic Act 1988 outlines that “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.

What Constitutes Dangerous Driving?

The difference between careless driving and dangerous driving is a fine line and often overlaps. Typically, driving may fall to being “far” below that of a competent and careful driver if the driving is deliberately dangerous and would be obvious that it would impose a level of obvious risk.

Below are some examples of what would more likely be considered dangerous:

Police chases (no matter the length or speed involved, a police chase is considered to be inherently dangerous in any circumstance);
Racing or competitive driving with another vehicle;
Driving significantly in excess of the speed limit;
Driving knowing the vehicle has a dangerous defect
Using a mobile phone whilst driving.

This is not an exhaustive list, and each case will be decided on its own facts.

Defences to Dangerous Driving

Standard of Driving

If the standard of driving cannot be proved as dangerous then you are entitled to be acquitted.

Mechanical Defect

If your vehicle suffered from a mechanical defect which caused the “dangerous” element of the offence, this could amount to a defence.

This defence would not apply if you knew (or ought to have known) that the defect existed.

No Evidence of Driving 

The prosecution must prove that you were driving the vehicle. If there is insufficient evidence, the case may be dismissed. 

Private Land

For the offence to be committed, it must occur on a “road” or other “public place”. If the court find that the location of the alleged offence is a private place, you are entitled to be acquitted.

Automatism

Whilst rare, if your driving has fallen far below that of a competent and careful driver due to not being aware or in control of your actions, you may have a defence.

An example of where the defence of automatism may be applicable is when a motorist suffers from a hypoglycaemic attack due to the injection of insulin which results in the dangerous driving.

Duress

If your driving fell far below that of a competent and careful driver due to threat of imminent harm or serious injury this could amount to a defence.

Self-defence

Whilst rare, self-defence is also a defence where the commission of the dangerous driving offence involved some use of force.

Sentencing Alternatives

In some cases, we may be able to negotiate an alternative charge of careless driving with the prosecution.

Furthermore, section 24 of the Road Traffic Offenders Act 1988 stipulates that careless driving may be substituted as an alternative verdict if acquitted of dangerous driving.

Penalties for Dangerous Driving

The penalties for dangerous driving depend on if the matter is heard in the Magistrates’ Court or the Crown Court and therefore vary.

However, as a minimum, a defendant can expect to receive the following penalties:

A 12-month driving disqualification and extended re-test.
A community order or a custodial sentence.

What is dangerous driving?

Dangerous driving is defined under Section 2 of the Road Traffic Act 1988. You commit the offence if your driving falls far below the standard expected of a competent and careful driver, and it would be obvious to a competent driver that driving in that way would be dangerous. “Dangerous” means creating a danger of injury to any person or serious damage to property. The offence can also apply if the vehicle’s condition makes driving it dangerous. It’s not necessary for an accident to occur.

What behaviour can lead to a dangerous driving charge?

Common examples include excessive speeding (particularly in residential areas or poor conditions), aggressive overtaking or racing, ignoring traffic lights or road signs, driving while using a mobile phone where it causes a near-miss or loss of control, driving too close to other vehicles, and driving while fatigued. However, what constitutes dangerous driving depends heavily on context; driving at 50mph might be safe on a clear dual carriageway but dangerous on a narrow residential street.

What are the penalties for dangerous driving?

For dangerous driving without death or serious injury, the maximum penalty is 2 years’ imprisonment, an unlimited fine, a mandatory disqualification of at least 12 months and an extended driving test before your licence is restored. Your driving record, the circumstances of the offence, and any aggravating factors will determine where your sentence falls.

What is causing serious injury by dangerous driving?

This offence, under Section 1A of the Road Traffic Act 1988, applies when your dangerous driving causes serious physical injury to another person. “Serious injury” is defined as grievous bodily harm (GBH), meaning really serious harm such as broken bones, permanent disfigurement, or injuries requiring significant medical treatment. The maximum sentence is 5 years’ imprisonment along with a minimum 2-year driving ban and an extended retest.

Will I go to prison for dangerous driving?

Prison is a real possibility, particularly for more serious cases. Sentencing guidelines suggest custody is likely where there was a prolonged course of dangerous driving, a significant risk of harm was created, or aggravating factors are present. First-time offenders with less serious cases may receive suspended sentences or community orders. For death by dangerous driving, immediate custody is almost inevitable, with sentences typically starting at 5 years.

Will I lose my driving licence for dangerous driving?

Yes. Dangerous driving carries a mandatory minimum disqualification of 12 months; there is no discretion to impose points instead of a ban. In practice, bans are often significantly longer. For death by dangerous driving, the minimum ban is 5 years. For causing serious injury, the minimum is 2 years. Before you can drive again, you must pass an extended driving test, which is more rigorous than the standard test.

Can dangerous driving be reduced to careless driving?

Yes, and this is one of the most important potential outcomes we pursue. The boundary between careless and dangerous driving is not always clear-cut, and cases charged as dangerous driving can sometimes be successfully argued down to careless driving; either through negotiation with the prosecution or at trial. The difference in consequences is significant: careless driving doesn’t carry mandatory disqualification, has a maximum fine rather than imprisonment, and doesn’t require an extended retest.

What defences are available for dangerous driving?

Defences depend on the specific circumstances but may include challenging whether the driving actually fell far below the required standard, demonstrating that another vehicle or driver caused the situation, mechanical failure that you couldn’t have known about, medical emergency (sudden illness at the wheel), factual disputes about what actually happened or procedural or evidential issues with the prosecution’s case.

Which court will my dangerous driving case be heard in?

Dangerous driving is an “either way” offence, meaning it can be tried in either the Magistrates’ Court or the Crown Court. More serious cases, particularly those involving injury, very high speeds, or significant aggravating factors, will usually be sent to the Crown Court. Death by dangerous driving is an indictable-only offence, meaning it must be tried in the Crown Court.

Will dangerous driving appear on my criminal record?

Yes. Dangerous driving is a criminal offence, and a conviction will result in a criminal record. This will show on DBS checks while the conviction remains unspent. For a prison sentence of up to 6 months, it becomes spent after 2 years. For longer sentences, the rehabilitation period increases accordingly. A dangerous driving conviction can affect employment, particularly in regulated professions or roles requiring an enhanced DBS check.

What should I do if I've been charged with dangerous driving?

Contact us as soon as possible. Early legal advice is crucial; it shapes decisions about plea, evidence gathering and case strategy that are difficult to reverse later. Don’t make any statements to police beyond confirming your identity without legal advice. Don’t discuss the case on social media. Gather any evidence you have such as dashcam footage, photographs, contact details for witnesses. If you have documentation relevant to mitigation, keep it safe.

Expert Legal Representation for Dangerous Driving Offences

How is Dangerous Driving Defined?