Dangerous Driving Solicitors

If you are facing an allegation of dangerous driving, JMW's expert motoring offence solicitors can help. Dangerous driving is a very serious offence that can result in a lengthy driving ban or even a prison sentence in the wrong circumstances. However, seeking legal advice early in the process can allow you to mount a defence and secure the best outcome possible.

We know that most people in this situation are frightened about the process and the penalties they may face, but you don't need to face the situation on your own. JMW's dangerous driving solicitors are accredited to represent you at the police station and have vast experience of police interviews. If the police decide to charge you, we can rely on our years advising clients on defensive strategies to create the best possible chance of securing an acquittal for you.

To contact our team of specialist dangerous driving lawyers and find out how we can help you, call us for free on 0345 872 6666 or complete our online enquiry form and we will get back to you as soon as we can.

How JMW Can Help

At JMW, we understand the impact that the loss of your driving licence can have for both your work and your everyday life, and our aim is to help you avoid a driving disqualification where possible. We will examine the circumstances surrounding the alleged offence, challenge evidence raised by the prosecution and identify mitigating factors that will ensure that any penalty imposed is not excessive.

We have a strong track record of success in working with the court to minimise penalties and having clients acquitted. Whether your alleged dangerous driving refers to drink driving, drug driving or a speeding offence, we can help from the moment you are arrested or receive a Notice of Intended Prosecution, through to the appeals process, where necessary.

Even if you intend to plead guilty, we can help present your case effectively to ensure any penalty is appropriate to your circumstances. Where you are at risk of losing your licence, we can help you to mount an exceptional hardship argument where relevant. We may even be able to provide representation under the terms of your household/motor insurance policy. Speak to our team to learn how we can help with a range of motoring matters relating to dangerous driving offences.

Meet Our Team of Road Traffic Offences Solicitors

JMW's specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of dangerous driving-related offences. Our thorough knowledge of the law and experience in representing clients means that we can pursue a positive outcome even where you are facing a custodial sentence or other serious penalties.

What Counts as Dangerous Driving?

Section 2 of the Road Traffic Act makes it a criminal offence to drive a mechanically propelled vehicle dangerously on a road or other public place. In order for you to be found guilty of this offence, it must be proven that the manner of your driving fell far below the standard expected of a competent driver and it would be obvious to a competent and careful driver that the manner of driving would be dangerous.

It can also be an aggravating factor if you are suspected of dangerous driving in connection with another offence, such as speeding, running through red traffic lights, or driving while under the influence of alcohol or a controlled drug. In these cases, it can increase the sentence imposed for the initial offence, even a minor offence.

Dangerous driving is not just restricted to the manner in which you drive. A person can 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. For example, if a person is aware that their vehicle has defective brakes but drives their vehicle anyway, and they are then involved in an accident, this could be regarded as dangerous driving.

If someone dies as a result of your driving, a much more serious offence may apply. This can include:

• Death by dangerous driving
• Death by careless driving
• Death by careless driving whilst driving under the influence of alcohol or drugs
• Death by driving unlicensed, disqualified or uninsured

These are among the most serious motoring offences and come with harsher penalties. However, you should not overlook your legal right to representation in these cases. The team at JMW has a strong track record in a range of dangerous driving offences, including causing death by dangerous driving, and can take a highly professional approach to deliver the best possible outcome.

What Is the Legal Process of a Dangerous Driving Offence?

A case may begin with a roadside stop, a collision, dashcam or CCTV footage, police observation, automatic number-plate recognition (ANPR) or a public report. If there is any suspicion that you were driving a motor vehicle dangerously, the police can either issue a Fixed Penalty Notice on the spot or, for more serious offences, provide a Notice of Intended Prosecution.

If the police do not stop the driver at the time, the registered keeper may receive a Notice of Intended Prosecution and a section 172 request asking who was driving. You have a legal obligation to identify the person driving the vehicle at the time of the offence, and failing to do so is a separate offence that comes with a fine and penalty points on your licence.

Interviews with the police

You may be arrested, especially where there has been a collision, injury, suspected impairment, risk of evidence loss or public safety concern. Alternatively, you may be invited to a voluntary interview under caution.

An interview under caution will be held at a police station. Police interviews must follow specific rules under the Police and Criminal Evidence Act 1984 (PACE), and any errors in this process can be raised in your defence. As such, it is vital to instruct a solicitor to represent you during any interviews under caution.

The police will look to gather evidence such as:

• Witness statements
• Dashcam, CCTV or police video
• Debris, road markings and photographs from the scene of a collision
• Mobile phone evidence, if you are suspected of using a mobile device while driving
• Toxicology reports if drink or drug driving is suspected
• Photos or other information about the road layout, weather, lighting and factors that may have affected visibility.

Depending on whether the police can establish that the driving fell far below the standard expected of a competent and careful driver, and whether the danger would have been obvious, they will decide whether to take no further action, offer a lesser outcome, or refer the case to the Crown Prosecution Service (CPS) for a charging decision.

Court proceedings

If the CPS decides to charge you, you will be invited to an initial hearing. At the first hearing, the court will normally deal with plea, allocation, bail and any case-management directions.

In the first instance, you must decide whether to plead guilty or not guilty. If you plead not guilty, the case proceeds toward trial. The prosecution must prove the dangerous driving offence beyond reasonable doubt.

For a dangerous driving offence, your case will first be heard in the Magistrates’ Court in most cases. Depending on the seriousness of the allegation, your case may be transferred to the Crown Court, where you would be tried by judge and jury. The court has far greater sentencing powers in these cases, but JMW's death by dangerous driving solicitors can work to keep the matter in the Magistrates' Court where possible.

If you plead guilty, the case moves to sentencing, though sentence may be adjourned for a pre-sentence report.

At trial, the prosecution presents the evidence and any witnesses. The defence may challenge the standard of driving, identity of the driver, reliability of speed or video evidence, causation, road conditions, mechanical issues or whether the driving was careless rather than dangerous. JMW will build a strong case on behalf and determine the most suitable defence to minimise any sentence imposed by the court.

What Are the Possible Penalties for a Dangerous Driving Conviction?

The potential penalties differ for each offence, and depend on whether the matter is tried in the Crown Court or the Magistrates' Court. The maximum sentences for each of the most common dangerous driving offences are:

• Death by careless driving - Up to five years in prison, and a disqualification for a minimum of one year
• Death by dangerous driving – Life imprisonment and disqualification for a minimum of 5 years
• Death by careless driving when under the influence of drink or drugs – Life imprisonment and a disqualification for a minimum of 5 years
• Death by driving: unlicensed, disqualified, uninsured drivers - Up to two years in prison, an unlimited fine, or both; and a disqualification for a minimum of one year

The court will consider the seriousness of your offence by examining aggravating and mitigating factors. Among the circumstances that could lead to a more serious penalty are:

• Whether you were aware of the risks associated with the manner of your driving
• The effect of any alcohol or drugs you consumed
• The speed of your vehicle
• Your behaviour - aggressive driving or using a mobile telephone will be an aggravating factor
• Whether the victim was a vulnerable road user, such as a pedestrian or cyclist

Your solicitor will also present mitigating factors to avoid an excessive penalty being imposed. Possible mitigating factors that could be raised in your defence include:

• The driving was just over the threshold for dangerous driving
  For example, the case is close to careless driving rather than plainly dangerous driving.
• The incident was caused by a momentary lapse of concentration rather than prolonged, deliberate or repeated dangerous driving
• There as no injury, damage or risk of serious harm
• You were driving in a genuine emergency
• You have a good driving record with no relevant previous convictions
• You showed remorse by assisting at the scene, cooperating with police and taking responsibility
• Steps taken after the incident, like completing advanced driving training, addressing medical issues, stopping medication that affected driving after medical advice or otherwise reducing future risk

Dangerous driving normally carries an obligatory disqualification of at least 12 months and a compulsory extended re-test if convicted, and these minimum penalties cannot be avoided in most cases.

What Happens if I Plead Guilty to a Fatal Motoring Offence?

Pleading guilty to an offence often leads to a reduced sentence, and may be advisable in some cases. The team at JMW will examine your specific circumstances and let you know whether a guilty plea is in your best interests, along with outlining what to expect from the process.

What Defences are Available for Dangerous Driving?

There are several defences that may be available when you are charged with dangerous driving, and the team at JMW will explore all of the relevant circumstances surrounding the alleged offence to raise the strongest defence available. Some of the strategies we may rely upon include:

• Prove that the driving was not “dangerous”. We may be able to argue that the standard of driving may have been imperfect, careless or a momentary lapse, but did not fall “far below” the required standard. CPS guidance recognises that a serious outcome, such as injury or death, does not itself turn careless driving into dangerous driving, and the focus is on the nature of the driving at the time.
• Show that the danger was not obvious to a competent and careful driver. This is the other aspect of a dangerous driving offence, and can be challenged. Even if your driving led to a collision or risk, we can argue that the risk was not one that would have been obvious at the time. Examples might include a hidden hazard, sudden mechanical issue, unexpected pedestrian movement, poor visibility or another road user doing something unforeseeable.
• Challenge prosecution evidence as unreliable. A dangerous driving case often depends on evidence such as police observations, dashcam/CCTV, collision reconstruction, speed estimates, mobile phone data or witness statements, any of which may be unreliable. Possible challenges include highlighting inaccurate speed calculations, poor camera perspective, unreliable witness recollection, gaps in footage or a failure to account for road, weather, traffic and visibility conditions.
• Demonstrate that the incident was caused by a sudden emergency or circumstances outside the driver’s control. Evidence of a genuine sudden emergency may support an argument that the driving was not dangerous, or in rare cases that the driver acted under duress of circumstances.
• Prove that a mechanical defect or vehicle condition was not known about. If the allegation is that the vehicle itself was dangerous, the key issue may be whether the dangerous condition would have been obvious to a competent and careful driver. If not, because the defect was latent, sudden or not reasonably detectable before or during the journey, this could act in your defence.
• Argue that the defendant was not the driver, if they have been incorrectly identified as such. This may arise with shared vehicles, unclear CCTV, ANPR evidence or cases relying on admissions.

These are not the only defences available, but the options will depend on your specific circumstances. Speak to our specialist solicitors for advice and support on building a defence today.

How Much Does Legal Representation Cost?

JMW offers a ‘fixed fee’ service designed to assist you in preparing detailed and effective mitigation aimed at persuading the court to exercise leniency when imposing a penalty. Further information regarding ‘fixed fees’ can be found on our fees page.

With our ‘fixed fee’ service, we offer the following:

• Telephone conference/personal meeting with your solicitor
• Representation at the hearing by either a partner or an expert motoring law barrister
• A full pre-hearing briefing with regards to court procedures and what to expect at court
• A conference with your legal representative on the morning of the hearing
• A full post-hearing debriefing (to discuss the penalty imposed, the implications and any further options that may be available to you)

For most people, appearing in court is unfamiliar and can feel overwhelming. You may be required to respond to detailed questions, follow formal procedures and present your circumstances clearly under pressure. This can make it difficult to explain everything you want the court to take into account, but a solicitor can support you and make representations on your behalf. Get in touch to learn more about our fixed fee service and how we can support you at every stage of your court appearance.

Testimonials

Q

When should I contact a solicitor for a dangerous driving offence?

A

Contact our dangerous driving solicitors as soon as possible, especially if there has been a death. The sooner we can discuss your case, the sooner we can project a plan and costing. We aim to be completely transparent about your situation and the process, and efficiency is key.

Don’t hesitate; contact us now and kickstart the defence of your rights to stay on the road.

Q

What is the process of defending against a dangerous driving allegation?

A

Motoring offences are always serious due to the fact they involve the safety of other people, but dangerous driving allegations and, especially death by dangerous driving allegations, are the most serious offences of this kind.

There are many other factors to consider when building a defence against this type of offence. You may have been accused of other offences too, as there may be further reason for the accusation or offence to have taken place to begin with, such as intoxication. A dangerous driving solicitor will be able to help you break down your unique situation, and will advise on the necessary action.

The police must build their case, too, so it might take up to seven or eight months to get your court hearing. During this time, our motoring offence solicitors will be in regular contact with you as we form your defence. This process also may take a varying amount of time due to the amount of evidence provided.

Any driving offence will take a significant amount of time and effort to get through, so we can not be more insistent that you contact us as soon as possible so we can make it as smooth and painless as possible.

Q

How long does the court process take?

A

Depending on the complexity of the case (the amount of evidence, the severity of injuries caused, other simultaneous offences, etc.), your case could take more or less time to work through.

It might take up to seven or eight months to get your court hearing and, from the point of accusation, we will work tirelessly to create the best defence possible.

Driving offences take a long time to process, but it is important that each second is accounted for, and the sooner you contact us, the longer we have to make this time worthwhile and productive. Call JMW now for a consultation.

Q

What are the consequences of being charged with dangerous driving?

A

Any driving offence is treated with the utmost severity by the law, but dangerous driving is the most serious example of this. If you have harmed or injured someone you can expect to lose your licence as a best-case scenario.

Not everyone who is accused of dangerous driving is a known criminal. Equally, dangerous driving extends to the people you have harmed, and is therefore difficult on many levels, not simply financial.

For more information, call us now and we can begin to consider your options and your defence in a calm and understanding manner.