Dangerous Driving: The Law and Available Defences
Dangerous driving is a serious motoring offence under Section 2 of the Road Traffic Act 1988. The offence occurs when a driver’s standard of driving falls far below what is expected of a competent and careful driver, and it would be obvious to a reasonable person that the way the vehicle was being driven was dangerous. Dangerous driving charges can carry significant penalties, including prison sentences, driving disqualifications, and hefty fines.
At Allen Hoole Solicitors, we have extensive experience in defending clients charged with dangerous driving offences. As the largest criminal defence firm in the South West of England, our highly experienced solicitor advocates are well-versed in handling these complex cases and securing the best possible outcomes for our clients.
The Law on Dangerous Driving
Dangerous driving involves driving that poses a serious risk to other road users or property. Examples of dangerous driving may include:
- Excessive speeding far above the limit,
- Ignoring traffic lights or road signs,
- Aggressive driving, such as tailgating or road rage,
- Driving under the influence of alcohol or drugs,
- Overtaking in particularly dangerous situations, such as on bends or in heavy traffic,
- Racing other vehicles on public roads.
Unlike careless driving, which only requires driving to fall below the expected standard, dangerous driving requires the prosecution to show that the driving was far below the expected standard, and it created obvious danger to others. Penalties for dangerous driving are severe, and they can include:
- A maximum prison sentence of up to two years,
- Mandatory driving disqualification for at least 12 months,
- An unlimited fine.
For the most serious cases, such as when dangerous driving results in death or serious injury, the penalties can be significantly more severe, including longer prison sentences.
Available Defences for Dangerous Driving
Although dangerous driving is a serious offence, there are several defences that may be available depending on the facts of the case. Allen Hoole Solicitors has successfully represented many clients by using these defences:
Defence of 'Public Place'
One potential defence to a charge of dangerous driving is that the incident did not occur in a public place. For the offence to be made out, the prosecution must prove that the vehicle was driven on a road or other public place—meaning a location accessible to the public, whether by right or invitation. If the driving took place on private land, such as a gated area or private field with no public access, this can form the basis of a valid defence. At Allen Hoole Solicitors, we are experienced in raising this defence where appropriate and have successfully argued that certain locations do not meet the legal definition of a public place.
Momentary Lapse of Judgement
One common defence is that the driver’s actions were the result of a momentary lapse in judgement rather than dangerous driving. If the defendant can demonstrate that the lapse was brief and did not result in significant danger, the court may be more lenient. This could lead to the charge being reduced to careless driving, which carries lesser penalties.
Mechanical Failure
In some cases, dangerous driving may occur due to mechanical defects in the vehicle that were beyond the driver’s control. For example, a sudden brake failure or steering malfunction could cause the vehicle to be driven dangerously. In such cases, evidence from a mechanical inspection can be crucial in showing that the driver was not at fault.
Medical Emergency
If the driver was experiencing a medical emergency at the time of the alleged offence, this may provide a defence to dangerous driving. For example, a sudden seizure or loss of consciousness could lead to dangerous driving, but the driver may not be held responsible if they were unaware of the medical condition beforehand. Medical records and expert testimony can support this defence.
Driving in a Dangerous Situation
Sometimes, external circumstances, such as poor road conditions, unexpected hazards, or actions by other road users, may cause a driver to appear dangerous. In such cases, it may be argued that the driver acted reasonably given the circumstances, and that any dangerous driving was a result of the conditions, not the driver’s behaviour.
Insufficient Evidence
The burden of proof lies with the prosecution, who must prove beyond a reasonable doubt that the driving was dangerous. If the evidence is weak or inconclusive, such as unreliable witness statements or poor-quality CCTV footage, this could form the basis for a defence. Allen Hoole Solicitors will thoroughly review the evidence to identify weaknesses that can be challenged in court.
Why Legal Representation is Essential
Given the seriousness of the penalties associated with dangerous driving, it is crucial to have skilled legal representation. Dangerous driving cases often involve complex legal and factual issues that require expert analysis and a strategic approach. At Allen Hoole Solicitors, we have the resources and expertise to fully investigate your case, challenge the prosecution’s evidence, and build a strong defence.
At Allen Hoole Solicitors, we have extensive experience in negotiating with the prosecution to reduce charges of dangerous driving to the lesser offence of driving without due care and attention. This is a significant outcome, as careless driving carries far lighter penalties, including a reduced risk of disqualification and no mandatory minimum ban. Where the evidence does not support the high threshold for dangerous driving, we have successfully made detailed legal representations—often resulting in the prosecution agreeing to amend the charge to better reflect the circumstances of the case.
Why Choose Allen Hoole Solicitors?
As the largest firm in the South West of England, Allen Hoole Solicitors has an extensive team of experienced solicitor advocates who specialise in defending dangerous driving charges. Our size, experience, and access to the best experts, including accident reconstruction specialists and forensic experts, give us the advantage in building a comprehensive defence. We also have access to the top barristers in this field, ensuring that our clients receive the highest quality representation.
If you are facing a dangerous driving charge, contact Allen Hoole Solicitors today. We will provide expert legal advice and representation to help you navigate the complexities of the case and achieve the best possible outcome.