Dangerous driving is one of the most serious road traffic offences that a driver can be charged with. This charge is often brought against a driver where the Police and Procurator Fiscal Service deem their driving to be a danger to either the driver, other drivers or pedestrians.
Potential Loopholes
- Insufficient calibration or testing of speed detection equipment.
- Insufficient evidence of speed limit, accident, identity of driver or vehicle registration mark.
- Unauthorised police officers conducting enquiries under Section 172 of the RTA 1988.
- Incompetent or irrelevant charges and time bar.
The definition of dangerous driving is contained within Section 2 of the Road Traffic Act 1988 which states that:
“a person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence”
This offence is similar to that of careless or inconsiderate driving in that the definition is very generic and what constitutes dangerous driving is a matter of fact and depends on the circumstances of the particular case.
In fact, where dangerous driving is not established a charge of careless driving is always available to the Courts. This alternative often allows our solicitors to use their specialist knowledge of the law to persuade the Procurator Fiscal that the lesser charge of careless driving is more appropriate.
The test in such cases is that applied in the case of Allan v Paterson 1980 which it was stated that the question is whether:
“the degree to which the driver in question falls below the standard to be expected of a careful and competent driver in all the circumstances of the particular case, and whether the degree is such as properly to attach in the judgment of court or jury the epithet or label of reckless.”
Many different factors can determine whether driving is deemed as dangerous. Although, not always a determining factor, speed on its own can constitute dangerous driving while factors such as the weather conditions or the layout of the road can also have a significant bearing on whether driving is deemed to be dangerous.
The penalties for this offence include a maximum custodial sentence of two years and/or and unlimited fine. A minimum period of 12 months disqualification is obligatory and an extended test must be passed. However, where special reasons exist, the accused aids and abets the offence or is subject to provisions of the Mental Health Act 1983 the court may impose between 3-11 penalty points rather than impose a period of disqualification.
Contact the Specialists
This offence can be as serious as it comes and the potential consequences far reaching and if found guilty you will lose your driving licence. Accordingly, the task of retaining your driving licence should not be entrusted to inferior legal representatives when only specialist road traffic solicitors will do!
Our Specialist Road Traffic Solicitors will fully investigate your case, including locus visits where appropriate and scrutinise the evidence against you to explore any loopholes to get you the best possible outcome.
This particular area of Road Traffic Law has seen unbelievable results achieved for our client’s with over 70% of cases being dropped completely, the charge being dropped to a less serious charge or our client being acquitted after trial.
Have you been charged or expect to be charged with dangerous driving? If so, don’t leave anything to chance… contact the road traffic specialists immediately!
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