Guide to Dangerous Driving

The Offence

Driving a vehicle on a road or in any public place dangerously or in a dangerous condition.

For driving dangerously the Court would consider whether the standard of driving fell far below that of a competent and careful driver and whether it would be obvious to such a driver that driving in that manner would be dangerous.

If the allegation relates to the state of the vehicle the Court would pay attention to anything that is attached or carried on or in the vehicle and the manner in which it is attached or carried. The Court would always consider what the driver knew at the time the alleged offence occurred.

After the case of Milton v. CPS [2007] it is now possible that the Court can take into account advanced driving skills when deciding whether or not your driving was dangerous.  To find out more about this High Court decision, please click here to read our summary.

The police can look at this charge if you were using your phone, MP3 player or satellite navigation system while driving and are not in control of your vehicle as a result.

An offence of dangerous driving may be committed in any public place and is not limited to roads. Additionally, the vehicle is not limited to a motor vehicle and may be anything that has an engine or that is mechanically propelled.

Do I need an NIP (Notice of Intended Prosecution) for dangerous driving?

Yes, there is a requirement for an NIP for dangerous driving unless one of the exceptions apply.  Please go to our NIP guide for further information.

Alternative Charge

You may be charged with Driving Without Due Care and Attention also. You would not be convicted for both offences. The prosecution pursue the more serious allegation of Dangerous Driving, but have Careless Driving as a fall back position.

Punishment

This depends on where the trial takes place as follows:

Crown Court - up to 2 years in prison, an unlimited fine, 3-11 points and revocation of your licence for a minimum period of 12 months after which you would be required to take an extended retest.

Magistrates Court - up to 6 months in prison, fine up to £5,000, 3-11 points and revocation of your licence for a minimum period of 12 months after which you would be required to take an extended retest.

Defences

Criminal matters are not simple and it is never easy to prove your case in Court. Charges of Dangerous Driving are particularly serious due to the risk of custody. Allegations of Dangerous Driving often turn on the facts of the case and what can be proved at court. We strongly recommend you instruct us to defend you, particularly as you face prison if it all goes wrong. Don't put your freedom at risk, call our team of expert lawyers to assist you with your case.

Don't wait until it's too late. Call Motor Defence Team now, on 0800 2800 912, for a fixed fee consultation with a specialist lawyer.

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