You might have pondered this question if you are facing a dangerous driving charge.
The truth is, this is a very general question for which there is no short answer. However, we can say that there is a very good chance that you will be disqualified from driving if you are found guilty of this motoring offence.
Let’s add some more nuance – in this article, we will; expand a little more on why dangerous driving is such a serious matter and whether a ban is inevitable, cover the legal framework, discuss key consequences and ask if it is possible to avoid a ban.
Dangerous driving: A serious offence
The courts are strict on dangerous driving, because it increases the risk of injuries – and even fatalities – on the road. Even if no one is injured, the level of risk created by the driving is enough to justify severe penalties.
For this reason, a conviction for dangerous driving often results in a driving disqualification, and the penalties can extend far beyond a simple ban. Dangerous driving is not a minor traffic violation. It carries mandatory legal consequences, meaning that courts have limited flexibility when sentencing.
The court will take various factors into consideration when determining a sentence, including; the level of danger posed to others, whether there was an accident, road conditions at the time, whether passengers or other road users were involved in the incident and the driving history of the person facing the charge.
Will I be banned if found guilty of dangerous driving?
The key takeaway here is that ff you are convicted of dangerous driving, the court is required to impose a disqualification from driving. Issuing penalty points is not an option for this offence.
A driving ban is mandatory because the law treats dangerous driving as posing a significant risk to public safety.
There is a minimum disqualification period of 12 months. In many cases, a longer ban will be ordered.
The length of the ban will hinge seriousness of the offence and the circumstances surrounding the incident. When a driver has posed a risk to several users, been travelling at an excessive speed, or exhibited dangerous driving over a prolonged period, there is a greater chance of a severe penalty.
Key consequences for dangerous driving
It’s worth emphasising again – courts treat dangerous driving as a very serious offence. There is a range of serious penalties which courts can impose, and they carry serious consequences, including:
Mandatory disqualification
You will receive a minimum 12-month driving ban. This may increase – perhaps significantly – depending on the facts of the case. Serious offences which involve a driver causing harm can result in disqualifications of several years.
Re-test requirement
Before you can legally drive again, you must pass an extended driving test. This is more rigorous than the standard test. It is intended to ensure that you are capable of returning to the road as a safe driver. Your disqualification will not be lifted until you pass this test.
Possible prison sentence
Dangerous driving carries a maximum sentence of up to two years’ imprisonment. You should note that not every case results in custody. However, there is a real risk of imprisonment in the case of collisions, injuries or especially careless behaviour.
Criminal record
You will have a criminal record following a dangerous driving offence. This may impact your chances of employment in the future, especially in roles that involve driving. Your overseas travel to certain countries may also be impacted.
Can you avoid disqualification?
It’s very unlikely that you would be able to avoid a ban after being convicted of dangerous driving. First and foremost, this is because disqualification is mandatory, even when there is a valid ‘exceptional hardship’ argument – that is, a legal plea that demonstrates a ban would cause severe hardship to the driver or third parties.
Don’t wait
If you are facing a dangerous driving charge, time is of the essence. The penalties are severe, and a conviction can result in a mandatory driving ban, criminal record and even prison time.
Seeking experienced legal counsel early gives you the best chance to explore potential defences or mitigating circumstances, understand the strength of the evidence and protect your future. Get professional guidance now from dangerous driving solicitors Auriga Advocates – call 01270 509496 or reach out via the contact form.