Dangerous Driving

DANGEROUS DRIVING, Section 2 Road Traffic Act 1988, &

CAUSING DEATH BY DANGEROUS DRIVING, Section 2 Road Traffic Act 1988

 

These two offences are possibly the most serious of all the motoring offences and carries with it a

substantial risk of imprisonment, if convicted. Here at Dexter Henry & Co we have experience in dealing with

many of these such cases, including some highly publicised cases.

 

It is important that such a case is handled with care and expertise. We are able to advise you from the early

stages of your case in relation to the police investigation, possible defences, court procedure, and we can

discuss your eligibility for funding under Legal Aid or insurance company backing.

 

 

 

 

 

Frequently Asked Questions

 

What is the legal definition for 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.

 

Causing death by dangerous driving is when death has resulted as a consequence of a person’s

dangerous driving.

 

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.

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 penalty for Dangerous Driving and Causing Death by 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.

 

Will I definitely be banned from driving 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.

 

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.

Can I be prosecuted for Dangerous Driving as a result of driving well in excess of the speed limit?

 

Yes. There has been an increase in the number of people being prosecuted for dangerous driving because they have been caught driving far in excess of the legal speed limit. 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, if the vehicle was under control.

 

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.

 

 

Am I obliged to attend if the police tell me that they want to interview in relation to alleged dangerous driving? Should I have a solicitor attend with me?

 

In theory, if you are invited for a voluntary interview then you are not obliged to attend; however, if you fail to co–operate with the police, the probability is you will be charged in any event. If however you are actually arrested, then you do have to submit to interview but you do not have to say anything; however the police will point out to you that if you fail to answer questions, this could be held against you if your case were to proceed to court.

 

We advise that it is always sensible to have legal representation with you, particularly for an allegation of this nature which is one of the more serious of motor offences. We are happy to attend the interview with you and/or provide you with advice on the law and possible defences.

Frequently Asked Questions

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