Dangerous Driving Offences and sentences: Defence solicitors (DD40)

Dangerous driving is one of the most serious motoring offences but Brian Koffman & Co have a 96% positive result rate.

What is dangerous driving?

Dangerous driving is driving that falls far below the standard of a competent and careful driver.  The court will have to be satisfied that the driving is reckless.

Examples of cases in which we have been involved include:

  • Driving through red traffic lights and colliding with a vehicle which had right of way
  • Driving at speeds over 130 mph on the motorway
  • Driving under the influence of drink the wrong way round a roundabout
  • Attempting to overtake several vehicles and colliding with an oncoming vehicle
  • Driving at speed through a residential area whilst being pursued by the police
  • Pursuing a victim in a road rage incident and losing control of the vehicle causing injury
  • Racing at speed
  • Driving a vehicle in a dangerous condition
  • Cases involving death or serious injury

 

Dangerous driving sentencing guidelines

As dangerous driving cases are so serious, even when nobody is seriously injured or dies, they can be heard in either the Magistrates Court or Crown Court. If found guilty the maximum penalties for dangerous driving are as follows:

  • Minimum 1 year driving ban (obligatory)
  • Compulsory re-test
  • Unlimited fine
  • 2 years in prison

An extended retest will involve obtaining a provisional licence and then taking a more detailed and extensive driving test.  The extended driving test lasts for just over an hour compared with a normal test which lasts about 40 minutes.

The extended driving test will include:

  • emergency stops
  • parking including reverse parking
  • strictly observing speed limits
  • reversing
  • three point turns  

 

In cases of causing serious injury by dangerous driving or causing death by dangerous driving  the penalties are greater.

Defending dangerous driving offences

In order to find a defendant guilty of dangerous driving the prosecution must prove that:

  • They drove well below the way a competent and careful driver would drive
  • It would be obvious to a competent and careful driver that driving in that way would be dangerous

The offence of dangerous driving must be distinguished from the less serious offence of careless driving. This is because to be guilty of dangerous driving the standard of driving has to fall way below the standard of a competent driver.

It can be difficult sometimes for the prosecution to distinguish between dangerous and careless when it comes to the standard of the driving. Obviously the prime aim of our defence is to secure an acquittal for the defendant, but if this is not possible, we would use every effort to have the level of charge brought as low as possible.  This is where a skilled solicitor can argue that, for example, the driving was not dangerous, merely careless which can significantly reduce the penalties given.

Contact us today 

If you are facing a dangerous driving offence it is vitally important you are legally represented as early as possible. With a wealth of experience in these types of driving offences, Brian Koffman Solicitors can help you and present a case that will allow the Courts to deal with you in the fairest way possible.

Your chances of a better outcome are increased when you have an experienced motoring offence solicitor representing you.

Please contact Brian Koffman & Co on 0161 832 3852 for a free consultation, or submit an enquiry.