Dangerous Driving Solicitors

Dangerous driving is an either-way offence, which means that it can be dealt with in either the Magistrates' Court or the Crown Court depending on the circumstances.

The first hearing will ordinarily take place in the Magistrates' Court.

If you plead guilty, the court will consider whether its sentencing powers are sufficient. Where the case is too serious, it may be sent to the Crown Court for sentence.

If you plead not guilty, the court will consider where the case should be tried. Representations may be made about venue and, where the Magistrates' Court accepts jurisdiction, you may have a choice about whether the trial remains there or proceeds in the Crown Court.

The decisions made at the first hearing can be important, which is why obtaining advice before attending court is sensible.

That decision should be made after considering exactly what is alleged and the evidence available.

Sometimes a driver believes their driving was dangerous when, legally, the evidence may support careless driving instead. In other cases the driver disputes committing an offence at all.

We can review the prosecution evidence, consider any evidence supporting your account and advise you about the strengths and weaknesses of the case before you decide how to plead.

Where appropriate, we can also advise whether an alternative plea to a less serious offence should be explored.

Get advice as early as possible.

You may be invited to attend a police interview as part of the investigation. What you say in interview can become important evidence, so you should obtain advice before deciding how to respond to questions.

There is no single correct approach to every interview. In some circumstances answering questions may be appropriate; in others a different approach may be advised. The correct strategy depends on the allegation, the disclosure provided by the police and your account.

Auriga Advocates can provide specialist representation at police interviews and help you prepare before the interview takes place.

Read more about police station interviews.

The legal test focuses on whether the standard of driving fell far below what would be expected of a competent and careful driver and whether the danger would have been obvious.

Examples can include:

• Aggressive driving.
• Racing or competitive driving.
• Dangerous overtaking.
• Driving a vehicle known to be in a dangerous condition.
• Ignoring traffic signs or signals in circumstances creating obvious danger.
• Driving while seriously affected by tiredness or another known condition.
• Prolonged or serious distraction, including use of a mobile phone.

The full legal test can be found in Section 2 of the Road Traffic Act 1988 .

The cost will depend upon the complexity of the case and how far the proceedings progress.

A straightforward Magistrates' Court matter will require different preparation from a contested Crown Court case involving multiple witnesses or expert evidence.

Where possible, we agree fees in stages linked to the progress of the case so that you understand the likely cost before work is undertaken.

Read more about the court process.

Some insurance policies contain legal expenses cover, but every policy is different and dangerous driving defence is not necessarily covered.

Legal expenses insurance is commonly associated with personal injury claims, so cover for a dangerous driving prosecution needs to be considered carefully against the particular policy terms.

Where cover is available, the usual arrangement may be for the client to pay Auriga Advocates and then seek reimbursement from the insurer, although this will depend on the individual policy and the insurer's requirements.

If you believe you have legal expenses cover, we can discuss the position with you and, where appropriate, liaise with your insurer to establish whether funding may be available.

The distinction is primarily the standard of driving.

Careless driving applies where the standard of driving falls below that expected of a competent and careful driver.

Dangerous driving requires the standard to fall far below that expected of a competent and careful driver, with the danger being obvious.

The difference can be extremely important because the penalties for dangerous driving are substantially more serious.

Careless driving and driving without reasonable consideration are offences under Section 3 of the Road Traffic Act 1988 .

In some cases the evidence may support careless driving rather than dangerous driving.

The key distinction is whether the standard of driving fell below or far below that expected of a competent and careful driver.

Depending on the evidence and circumstances, representations may be made to the police or Crown Prosecution Service about the appropriate charge, or an alternative plea may be considered after charge.

Whether this is appropriate will depend entirely on the facts of the individual case.

The same driving may potentially give rise to different road traffic offences depending on the evidence and circumstances.

Possible offences can include:

1. Careless driving
2. Driving without reasonable consideration
3. Not being in proper control
4. Using a mobile phone while driving
5. Racing or competitive driving

The appropriate charge depends on the evidence and the legal test applicable to the conduct alleged.

The court considers both culpability and harm when sentencing.

Factors which may increase seriousness can include:

• A deliberate or prolonged course of dangerous driving.
• Grossly excessive speed.
• Racing or competitive driving.
• Prolonged mobile phone use or serious distraction.
• Driving while impaired by alcohol or drugs.
• Evading the police.
• Injury to another person.
• Damage to vehicles or property.
• Relevant previous convictions.

The precise effect of any aggravating or mitigating feature depends on the circumstances of the case.

For offences committed after 28 June 2022, causing death by dangerous driving carries a maximum sentence of life imprisonment.

It also carries an obligatory minimum driving disqualification of five years, together with a compulsory extended re-test.

For offences committed before 28 June 2022, the previous maximum sentence was 14 years' custody and the minimum disqualification was two years.

View the Sentencing Council guideline.