A charge for a dangerous driving offence can have significant consequences if you are convicted, including a driving ban, a fine and a prison sentence in the most serious cases. If you have been accused of dangerous or careless driving under the Road Traffic Act 1988, you should speak to a solicitor at your earliest opportunity to begin preparing a defence, as the associated penalties can be severe.

The legal framework surrounding road traffic offences is intricate, and the stakes are high, but the right legal support can make a big difference to the outcome. After all, offending behaviour may be categorised differently depending on the situation, and it is important that the prosecution and the court consider all the circumstances before finding you guilty or determining a sentence. There is a significant difference between an incident involving a short lapse of concentration and one related to continuous aggressive driving or causing death by careless or dangerous driving.

Here, the experienced motoring offence solicitors at JMW explain the legal process that unfolds when you are charged with any dangerous driving offence, and the role your solicitor will play in pursuing the best possible outcome, whether that be acquittal after trial or a sentence which is not manifestly excessive.

What Is Dangerous Driving?

Dangerous driving is defined under Section 2 of the Road Traffic Act 1988. To secure a conviction, the prosecution must prove that the way you drove fell far below what would be expected of a competent and careful driver, and that it would have been obvious to a competent and careful driver that driving in that way would be dangerous.

The distinction between dangerous driving and careless driving (referred to as driving without due care and attention under Section 3) is a matter of degree. Careless driving involves driving that falls below the standard of a competent and careful driver, while dangerous driving must fall much far below this standard. As such, there is often scope to challenge an allegation of dangerous driving on this basis and, in some cases, have the charge reduced to careless driving.

The courts consider various behaviours when determining if a person's driving meets the criteria for a dangerous driving charge, and evidence provided by your solicitor can be very important. Key examples include:

• Aggressive driving: Racing, competitive driving on public roads, or "road rage" incidents where a motor vehicle is used to intimidate others.
• Overtaking dangerously: Performing manoeuvres in the face of oncoming traffic, overtaking at blind bends, or "filtering" through traffic at unsafe speeds.
• Ignoring traffic signals: Deliberately driving through red lights or ignoring clear road signs and warnings.
• Speeding: Driving at a speed significantly higher than the posted limit or driving too fast for the prevailing road conditions (for example, driving quickly in heavy rain or fog).
• Vehicle condition: Operating a motor vehicle that has known, serious functional defects - such as failed brakes or bald tyres - that make it unsafe.
• Distractions: Using a handheld mobile phone or being significantly distracted by other factors inside the car, such as a laptop or complex infotainment system.

If your driving behaviour created a risk of personal injury or serious damage to property, and that risk would be apparent to a careful driver, the prosecution will likely pursue a dangerous driving charge rather than one for careless or inconsiderate driving. In these cases, you may be arrested or receive a Notice of Intended Prosecution.

The Initial Process at the Police Station

Following an alleged offence, you may be arrested or invited to attend a police station for a voluntary interview. The police may search your vehicle, review digital data from a handheld mobile phone, access CCTV or dashcam footage and take other steps to gather evidence. The police will refer the evidence to the Crown Prosecution Service (CPS), which will evaluate the likelihood of a successful prosecution and determine whether it is in the public interest to do so before making a charging decision.

You have the right to access legal support if you are asked to attend a voluntary police interview under caution. At JMW, we provide robust representation during police interviews to ensure your rights are protected and enable you to comply without incriminating yourself. This is important, as anything said during a police interview can be used as evidence in court.

During the early stages of an investigation, a knowledgeable motoring solicitor can evaluate the evidence against you and advise on the most appropriate course of action, whether that is providing a full account, a prepared statement, or remaining silent. This is also an opportunity to start to build your defence and challenge the evidence against you.

The value of instructing expert legal representation from the outset should not be understated.

If charged, you should be mindful that dangerous driving is an "either-way" criminal offence. This means it can be heard in either the Magistrates' Court or the Crown Court. The CPS will decide based on the severity of the offence and the likely punishment which court should hear the case, and intervention from a solicitor can result in lesser charges and avoid the Crown Court in some cases.

The Court Hearing

While dangerous driving cases may be heard in either court, your first court appearance will always be at the Magistrates' Court. During this hearing, the charges are read and you are asked to enter a plea. If you enter a guilty plea, the Magistrates will decide if they have sufficient sentencing powers. If the offence is deemed too serious - for example, if it involved a high speed violation or you have previously been convicted of similar offences - they may commit the case to the Crown Court for sentencing.

If you enter a not guilty plea, the Magistrates decide whether the case should stay with them or be sent to the Crown Court. Your solicitor will advise on the strategic advantages of each option that is available to you, to enable you to pursue the best possible outcome. If appropriate, you have the ability to choose a Crown Court trial by jury. 

What Are the Penalties for Dangerous Driving?

A conviction for dangerous driving carries a mandatory driving ban of at least 12 months. The minimum disqualification rises to two years if you have already been disqualified twice or more, for periods of at least 56 days, in the three years before the offence was committed. 

The court has no discretion here, and a driving ban is compulsory unless "special reasons" apply. These reasons are exceptionally rare and must relate to the circumstances of the driving itself, such as a genuine medical emergency. Such advice can be given where appropriate.

Once your driving ban expires, you will not automatically regain your driving licence. The court will usually order you to take an extended driving test, which is significantly longer and more demanding than the standard test. You will remain disqualified and restricted to a provisional licence until you have successfully passed this test, regardless of your previous driving experience.

Additionally, the court can impose a custodial sentence for dangerous driving. The sentencing range is a community order of 2 years’ imprisonment. A fine may also be imposed in certain circumstances. 

More serious offences that cause harm to others come with stronger penalties. A charge of Causing Death by Dangerous Driving must be heard in the Crown Court. Under the Police, Crime, Sentencing and Courts Act 2022, the maximum sentence is now life imprisonment for offences committed on or after 28 June 2022. The court will also impose a mandatory driving ban of at least five years and order an extended test.

If the driving behaviour causes an injury such as broken bones or permanent disability, you may be charged with Causing Serious Injury by Dangerous Driving. This carries a maximum sentence of five years' imprisonment in the Crown Court, an unlimited fine, and a mandatory driving ban of at least two years.

A conviction for a serious motoring offence also results in a criminal record and the offence must be disclosed to certain employers, which can negatively affect those in professions of trust. If your job requires a driving licence, you could lose it as the result of a conviction and motor vehicle insurance premiums will often increase significantly when you are able to drive again.

Can a Solicitor Reduce Your Sentence?

When determining a sentence, the court follows guidelines that account for the specific details of the case. The prosecution will highlight aggravating factors that may increase the seriousness of the offence, which can include:

• Driving whilst under the influence of illegal drugs, prescription drugs or alcohol
• Excessive speed limit violations, particularly in built-up areas
• The nature of the offending behaviour
• Any harm caused to road users, pedestrians or others
• Previous convictions or a history of road traffic offences
• Driving whilst disqualified

At the same time, your solicitor should raise mitigating factors that aim to reduce your sentence. Elements that may persuade the court to impose a more lenient sentence include:

• Previous good character and an absence of previous convictions
• An early guilty plea
• A show of genuine remorse
• Personal circumstances like health issues, family responsibilities, or the impact on employment of a stronger sentence
• Driving that is closer to careless driving

We identify mitigating factors to steer the court toward non-custodial sentences where possible. The court should consider both aggravating and mitigating factors carefully to make sure that penalties are not excessive or unfair.