Speeding & Dangerous Driving Offences

Speeding & Dangerous Driving Offences

“The offence of dangerous driving under section 2 of the Road Traffic Act 1988 is committed when the defendant’s driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous – section 2A of the RTA 1988”. (See www.cps.gov.uk)

Dangerous Driving behaviours include speeding excessively, ignoring traffic signals, overtaking recklessly, or driving while impaired by drugs or alcohol. The law also considers the condition of the vehicle, such as driving with faulty brakes or other defects that pose a risk to public safety. The legal system treats such behaviour with utmost gravity, with the aim of protecting road users and discouraging reckless conduct.

Speeding is one of the most frequently committed driving offences and it carries a range of penalties depending on the severity of the breach. The minimum punishment for speeding is a £100 fine and three penalty points on your driving licence. However, first-time offenders may be given the option to attend a speed awareness course, provided their speed was only marginally above the legal limit and not deemed excessively high. For those exceeding the speed limit by more than 11mph, the consequences become more severe. In such cases, you may be required to appear in court, where penalties could include a significantly larger fine and six penalty points. If your speed surpasses the limit by more than 21mph, you risk facing a driving ban, depending on the court’s assessment of the circumstances.

Aggressive driving, including racing, demonstrates a blatant disregard for safety, often resulting in high-risk situations. Unsafe overtaking manoeuvres, such as undertaking, further exacerbate the risk by catching other drivers off guard and increasing the likelihood of collisions. Knowingly operating a vehicle in an unsafe condition, such as with worn tyres or excessive loading, highlights a clear neglect of responsibility, as these factors severely compromise vehicle control and safety. Disregarding traffic signals, such as running red lights or ignoring stop signs, undermines the rules designed to protect all road users, frequently leading to serious accidents. Together, these actions reflect behaviours that the law penalises heavily.

Dangerous driving is classified as an “either way” offence under UK law, meaning it can be tried in either the Magistrates’ Court or the Crown Court, depending on the severity of the case. This classification allows the legal system to tailor its response to the specific circumstances of each offence. In less serious cases, such as those where no injuries occurred and the behaviour, while dangerous, did not pose an extreme risk, the case is likely to be dealt with in the Magistrates’ Court. However, for more serious cases, such as those involving significant harm to others, egregious recklessness, or aggravating factors like prior convictions, the offence may be referred to the Crown Court. The Crown Court has the authority to impose more substantial penalties, including custodial sentences.

For cases involving fatalities offenders face the possibility of a prison sentence of fourteen years to life! Additionally, there is a mandatory disqualification from driving for a minimum of twelve months, which can only be lifted after passing an extended driving test. The “either way” nature of dangerous driving offences ensures flexibility in sentencing, allowing the courts to impose appropriate punishments that reflect the severity of the offence.

Beyond this, dangerous driving carries a fine, which can be unlimited depending on the severity of the offence, and results in a criminal record. This record often follows individuals for years, affecting multiple aspects of their lives. One of the most substantial consequences of a dangerous driving conviction is its impact on employment. Many jobs, particularly those requiring a clean driving licence, become inaccessible. This includes roles in transportation, delivery services, and even certain managerial positions where driving is an occasional requirement. For those who rely on their vehicles for work, such as tradespeople or couriers, losing a licence can mean losing their livelihood entirely. Moreover, even in roles unrelated to driving, a criminal record can raise questions about judgment and reliability, potentially jeopardising career prospects. Employers may view a conviction as a red flag, particularly in industries requiring a high level of trust, such as finance, healthcare, or education.

Financially, the repercussions extend beyond lost income. Insurance premiums often increase dramatically following a conviction, reflecting the higher risk perceived by insurers. These inflated costs can persist for years, further straining personal finances.

How can PDA Law help me?

Whether you wish to contest the charge or accept responsibility, it is crucial to consult a solicitor without delay. Given the gravity of a dangerous driving allegation, a solicitor can guide you through the legal process, ensuring your rights are protected and helping you prepare a strong defence.

Our expert solicitors may be able to negotiate a reduction of the charge from dangerous driving to careless driving. This can be particularly significant if your ability to drive is essential for your employment or to provide care for a friend or family member.

Disputing a dangerous driving charge is a complex process and should always be approached with the guidance of an experienced motoring offence solicitor to ensure the best possible outcome. Don’t delay, get in touch today.

Dangerous driving FAQs

What is considered dangerous driving by law?

Dangerous driving, as defined by law, occurs when a person’s driving falls far below the standard expected of a competent driver and poses an obvious risk to the safety of others. This includes actions such as excessive speeding, aggressive driving, ignoring traffic signals, or driving under the influence of drugs or alcohol. It can also involve using a vehicle that is clearly unsafe, such as one with faulty brakes or severely damaged tires. The law focuses on whether the driving or vehicle condition creates a clear danger to others, making this a serious offence with penalties that reflect the severity of the offence.

If I am charged with dangerous driving, will I lose my driving licence and if so for how long?

Yes, if you are convicted of dangerous driving, you will lose your driving licence. The law mandates a minimum driving ban of 12 months for this offence. In more severe cases, such as causing serious injury or death, the ban could be significantly longer, or even permanent. Additionally, you will need to pass an extended driving test before your licence can be reinstated. The exact length of the disqualification depends on the circumstances of the offence and any aggravating factors considered by the court.

Could I go to prison for dangerous driving?

A dangerous driving charge does not always result in a prison sentence, however, the offence of causing death by dangerous driving carries a maximum prison term of 14 years.