GQS Solicitors

Dangerous Driving

What is the legal definition of dangerous driving?

Dangerous driving is defined as driving in a manner which falls FAR below that of a competent driver and driving in such a way that it would be obvious to a competent driver that there is a serious risk of personal injury or serious damage to property.


What is the difference between dangerous driving and careless driving?

The key differences are that the standard of driving for careless driving is simply "below that" of a prudent motorist, and there is no obligation to establish any actual or risk of injury/damage. For dangerous driving, the standard has to be "far below" and it has to be obvious that there was a risk of personal injury or serious damage.


What is the maximum punishment for Dangerous Driving?

For dangerous driving, the maximum punishment is 2 years imprisonment, but for causing death by dangerous driving, this can be as high as 14 years imprisonment. For dangerous driving cases dealt with in the Magistrates' Court, the maximum term of imprisonment is 6 months but the Magistrates do have the option to refer the case to the Crown Court for sentencing, if they feel that 6 months is an inadequate punishment.


Is a driving ban compulsory as well?

Yes. Conviction for either offence will result in an immediate ban. The current minimums are 2 years for death by dangerous driving and 1 year for dangerous driving. For both offences, there is also an obligation to take a further driving test.


I was driving far in excess of the speed limit. The Police have told me I will be prosecuted for dangerous driving. Why is this?

There has been an increasing trend to charge for dangerous driving when the actual issue is limited to high speed. This is partially as a result of less tolerance for speed and also the fact that cars and motorbikes are becoming increasingly faster. The Police will attempt to show that at speeds far in excess of the limit, there is a high risk of damage/injury and thus the offence amounts to dangerous driving. Each case depends on its particular circumstances and what may have been too fast is not necessarily dangerous, if for example, the vehicle was under control.


I was driving far in excess of the speed limit. The Police have told me I will be prosecuted for dangerous driving. Why is this?

There has been an increasing trend to charge for dangerous driving when the actual issue is limited to high speed. This is partially as a result of less tolerance for speed and also the fact that cars and motorbikes are becoming increasingly faster. The Police will attempt to show that at speeds far in excess of the limit, there is a high risk of damage/injury and thus the offence amounts to dangerous driving. Each case depends on its particular circumstances and what may have been too fast is not necessarily dangerous, if for example, the vehicle was under control.


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