Dangerous Driving

What is Dangerous Driving?

Dangerous driving is one of the most serious road traffic offences, attracting significant penalties.  The relevant law relating to dangerous driving is to be found under Section 2 of the Road Traffic Act 1988.  

A person commits the offence of dangerous driving if:

1. the way they drive falls far below what would be expected of a competent and careful driver, and
2. it would be obvious to a competent and careful driver that driving in that way would be dangerous.

A person can also be convicted of dangerous driving if they knowingly drive a vehicle which is in a dangerous condition.  If, for example, a person drives a vehicle which has an obvious defect with the brakes that, in itself, would be enough to constitute the offence of dangerous driving.

Dangerous, in this context, refers to the danger of injury to any person and/or serious damage to property.  Even if there is no actual injury or damage to property the offence can still arise if the standard of driving has the potential to cause injury or damage.

Penalties 

• Mandatory disqualification for a minimum period of 12 months, 
• Mandatory re-sit the extended driving test,
• Fine,
• Community Service 
• Imprisonment 

A driver who pleads guilty or is convicted of dangerous driving must be disqualified by the court.  Furthermore, a driver remains disqualified until they re-sit both parts of the appropriate driving test. Longer periods of disqualification will apply depending on the gravity of the driving and if the driver has previously been disqualified. In the most serious cases of dangerous driving, a prison sentence of 2 years can be imposed.

Most cases of dangerous driving in Scotland are prosecuted at Sheriff Court Level.  Some exceptional cases will proceed before the High Court where much higher penalties can be imposed.

Examples of Dangerous Driving

Dangerous driving can arise in almost any circumstance and includes aggressive driving, overtaking in the face of on-coming traffic or other dangers, excessive speed for the road or conditions, racing, disregarding traffic signals or attempting to carry out other tasks while driving, such as, reading a map or using a mobile phone. Each case will depend on its own circumstances.  A combination of manoeuvres which, in themselves, would not amount to dangerous driving might when taken together amount to dangerous driving, such as undertaking at excessive speed.

Defences to Dangerous Driving

In deciding whether the driving complained of amounts to dangerous driving consideration must be given to “any explanation offered by the accused driver which shows that his driving in the particular circumstances did not possess the quality of recklessness at the material time”.  The accused may simply deny the incident took place or indeed that he was the driver.  He may claim that the incident has been exaggerated or that there was a reason for why he drove as he did.  An unknown mechanical defect may also provide a defence as will cases that involve an emergency, necessity or duress.  These types of defence may also operate as Special Reasons for not disqualifying the driver.

Careless, Not Dangerous!

In a large number of cases, a driver will accept that his driving fell below an acceptable standard, but does not accept that it amounts to Dangerous Driving. In this situation, it may be possible to persuade the Court to accept that the driving amounts to Careless Driving and not Dangerous Driving.  The prosecution may also be persuaded to remove some of the more aggravating features of the charge.  This will significantly reduce the penalties and, if a charge is reduced to Careless Driving, disqualification may be avoided altogether by the imposition of penalty points.

Difference between Dangerous & Careless Driving

There is often a grey area between Dangerous Driving and Careless Driving. The test and legal definition are quite similar and for this reason, Careless Driving is described as an alternative charge to Dangerous Driving.  What this means is that even if there is not enough evidence to establish Dangerous Driving the court can still convict a person of Careless Driving if the circumstances and evidence show that the required standard has not been met. However, the consequences that apply are very different, which is why anyone facing a Dangerous Driving or Careless Driving charge should obtain specialist legal advice.

Causing Death by Dangerous Driving

Where dangerous driving results in a death, the sentence is one of a minimum period of 2 years disqualification and a prison sentence of up to 14 years. There must be a causal link between the dangerous driving and the fatality. Even where death has occurred from a driving incident a charge of Causing Death by Dangerous Driving may be reduced to the lesser charge of Careless and Inconsiderate Driving.