Dangerous Driving Lawyers
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DANGEROUS DRIVING SOLICITORS
DANGEROUS DRIVING CHARGE (DD40) DEFENCE AND SENTENCING GUIDELINES
Our expert Dangerous Driving Solicitors in Manchester represent clients from all over the UK on dangerous driving charges.
If you are charged with the offence of dangerous driving, you need specialist expertise to provide immediate advice and legal representation.
Dangerous Driving Offences are the most serious of motoring offences and can often lead to custodial sentences not to mention driving bans and heavy financial penalties.
Brian Koffman is a specialist Dangerous Driving Solicitor in Manchester. His team are the leading UK driving offence and criminal law defence firm with over 40 years experience in Road Traffic & Driving Law.
We offer the best privately funded defence representation to all motoring offences. We are here to help and we have over a 96% positive result rate. Contact us today.
Our team of Dangerous Driving Solicitors are based in Manchester but can represent clients from across the country.
We are one of the few specialist legal practices to have a dedicated team of Dangerous Driving Solicitors.
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WHAT IS DANGEROUS DRIVING?
Dangerous driving is that which falls far below the standard of a competent and careful driver. The court will have to be satisfied that the driving is reckless.
Some examples of dangerous driving offences include:
- Ignoring traffic lights, road signs or warnings from passengers
- Dangerous overtaking
- Racing, going too fast or driving aggressively
- Driving under the influence of drink or drugs, including prescription drugs
- Driving with an injury that impairs your ability to drive
- Being unable to see clearly
- Not taking prescribed drugs when required
- Being fatigued
- Driving whilst knowing the vehicle has a dangerous fault or an unsafe load
- Driving whilst distracted by, for example, reading a map, using a hand-held phone, lighting a cigarette
- Causing serious injury
DANGEROUS DRIVING CASE EXAMPLES
- Driving through red traffic lights and colliding with a vehicle that had the 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 by dangerous driving or serious injury
If you have been accused of dangerous driving please call our team today on 0161 832 3852 or complete the enquiry form above.
WHAT ARE THE PENALTIES FOR A DANGEROUS DRIVING OFFENCE?
The maximum penalty for dangerous driving is 2 years imprisonment and disqualification from driving for a minimum of 12 months.
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:
- Disqualified from driving for one year (obligatory)
- The offender may be required to retake the (extended) driving test
- Unlimited fine
- 2 years in prison
- Sentences of community service may also be applied in England and Wales
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 further examination of emergency stops, parking (including reverse parking), strictly observing speed limits, reversing and three three-point turns.
CAN I GET MY DANGEROUS DRIVING CHARGES DROPPED?
If you have been charged with dangerous driving, our criminal defence lawyers can work on your behalf to get the best possible outcome. Every situation is unique, so please call us now for expert advice. In some instances, we may even be able to resolve your dangerous driving charge in a manner that ensures that you do not receive a criminal record.
The penalties for dangerous driving may be reduced if there are special reasons or mitigating factors, for example:
- There was a genuine emergency
- Your speed was not excessive
- The offence was committed due to inexperience rather than irresponsibility of the driver
The sentences, fines and penalty points will be higher if there is any evidence of the following factors:
- Evidence of the consumption of alcohol or drugs
- Using a mobile device
- Carrying out other tasks while driving such as eating, smoking or changing a CD
- Carrying passengers or a heavy load
- Aggressive driving, such as driving much too close to the vehicle in front
- Competitive driving, racing or showing off
- Inappropriate attempts to overtake, or cutting in after overtaking
- Driving when knowingly suffering from a medical condition that is known to impair driving skills
- Driving a poorly maintained or dangerously loaded vehicle
- The offence is committed whilst the driver was disqualified/had no licence and/or insurance
In cases of causing serious injury by dangerous driving or causing death by dangerous driving, the penalties are greater.
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HOW DO YOU DEFEND 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.
DANGEROUS DRIVING DEFENCES
Our team of Dangerous Driving Solicitors can offer a wealth of experience in defending dangerous driving charges and ensure the Courts treat you in the fairest way possible.
Some of the possible arguments include:
- Driving was not below the standard of a careful and competent driver
One possible defence to a dangerous driving offence is to dispute that your driving was below the standard of a careful and competent motorist. If successful, this defence may still lead to a conviction for driving without due care and attention. Although serious, this offence carries lower penalties.
Your driving was caused by pressure from the threat of violence or an actual assault.
- A Mechanical Fault
A mechanical fault that you were previously unaware of caused you to lose control of your vehicle.
- A Sudden Medical Condition
You lost control of your vehicle due to a sudden illness and/or a medical condition. However, if this was a pre-existing medical condition it could make matters worse.
If you find yourself investigated, charged or summonsed for an offence of dangerous driving, please contact us for advice and a no obligation consultation on how we can help you.
CAUSING SERIOUS INJURY BY DANGEROUS DRIVING AND THE PENALTIES (DD10 CONVICTION)
In December 2012, the offence of causing serious injury by dangerous driving was introduced by giving courts the power to hand out heavier punishments to those convicted of the most serious of driving charges – with the exception of causing death. Parliament decided that a more focussed approach which targets offences with a specific set of circumstances was needed. This would create a middle ground between the lesser charge of dangerous driving and causing death by dangerous driving, and conviction in these cases will result in heavier penalties which reflect the severity of the injuries caused.
The court has the power to impose a maximum custodial sentence of up to five years’ imprisonment together with a level 5 fine and mandatory disqualification period of two years or more (unless exceptional circumstances are taken into consideration to not disqualify. Furthermore, those convicted will have to undertake an extended retest. If you are facing a charge of causing serious injury by dangerous driving, you should enlist the services of a motoring offence specialist immediately or your chances of securing a more favourable outcome will significantly diminish.
Motoring offences such as careless, reckless and dangerous driving are taken very seriously by the police and the courts. These offences place other drivers and members of the public at risk. Dangerous driving is a serious offence that can be dealt with by the Crown Court rather than a Magistrates Court. Any motorist who has been charged with any of these offences should seek legal representation and advice from a solicitor or lawyer.
CONTACT OUR DANGEROUS DRIVING DEFENCE SOLICITORS 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 & Co 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. Motoring Offence Solicitors offer the very best privately funded defence and representation to clients in Manchester and right across the UK. Call our team today on 0161 832 3852 or complete the enquiry form below.
WE FIND SOLUTIONS TO THE MOST CHALLENGING CASES
Find Out How We Can help You
They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely amazing value.
Thank you Brian and team.