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Dangerous Driving

The law states that a person is to be regarded as driving dangerously if the way he drives falls far below what would be expected of a competent and careful driver, and it would be obvious to that driver that driving in that way would be dangerous.

A person may also be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be deemed as dangerous.

Dangerous driving is an offence which can be dealt with at either the Magistrates or Crown Court.  If you face such an allegation and you are denying the matter, we can give you advice on which court would be best for your trial.

The burden for proving dangerous driving is on the prosecution.  In order to fight such an allegation we recommend using a lawyer who is an expert in cross examination and who is capable of finding inconsistencies and weaknesses in the prosecution case.

The Penalty

If found guilty of dangerous driving, this often results in prison and prison sentences can be for up to 2 years.  Also, between 3 and 11 penalty points must be imposed and there must be a disqualification for at least a year and until an extended driving test is passed.

Death by Dangerous Driving

There is also the more serious allegation of death by dangerous driving.  This carries a much more severe penalty and such a case can only be dealt with at the Crown Court. 

The Penalty

This offence is punishable by a maximum custodial sentence of up to 14 years.  If you face such an allegation we would advise that you seek legal advice as a matter of urgency.

Legal Aid

In relation to cases of dangerous driving or death by dangerous driving Legal Aid may be available to cover the cost of your representation and this is something we can discuss further with you.

 

 

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

"Defending the motorist throughout England and Wales"