Dangerous Driving - Motoring Offence

Dangerous driving is an extremely serious allegation. If convicted of the offence you face a risk of imprisonment and an automatic disqualification of at least 12 months. You will also be required to sit an extended driving test before you are eligible to drive again.

In order to be found guilty of dangerous driving the Prosecution must prove that the standard of your driving fell far below what would be expected of a competent and careful driver and it would be obvious to that driver that driving in the way alleged would be dangerous.

You may also be found guilty of dangerous driving if it would be obvious to a competent driver that driving your vehicle in its current state would be dangerous.

Defending an allegation of dangerous driving requires specialist skills and expert cross examination as the case against you will largely be based on eye-witness evidence and accounts from trained police officers. We will offer you honest advice in relation to your prospects of successfully defending your case and will consider whether accident reconstruction experts or site explorations would be useful.

Penalty

Dangerous driving is an offence that can be dealt with at either the Magistrates’ Court or Crown Court. We can offer you advice to enable you to elect the venue appropriate to your circumstances.

The punishment for dangerous driving depends on the venue at which the offence is sentenced. At the Magistrates’ Court the sentence is a £5000 fine maximum or a maximum 6 month prison term. The Magistrates’ are encouraged to consider custody initially and must disqualify for at least 12 months with an extended retest. However, Magistrates’ may instead endorse your licence with 3 – 11 penalty points if they find that special reasons apply in your case. At the Crown Court the Judge may impose a 2 year maximum custodial sentence or an unlimited financial penalty and disqualification as above.

If you are charged with death by dangerous driving this is an extremely serious offence, which may only be dealt with by a Judge and Jury at the Crown Court. This offence is punishable by a maximum custodial sentence of 15 years and legal aid is usually available to fund your representation. Whilst the motoring department do not offer legal aid, Olliers solicitors are able to undertake work on a legal aid basis. Therefore you will be referred to our specialist Criminal Defence Team. However, should you wish to pay privately for representation the team at Olliers motor law can give you a likely cost estimate and offer guidance within this area.