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The scariest thing about driving is trusting that other road users are being responsible. But, unfortunately, this isn’t always the case, as dangerous driving charges are common in the UK. In most cases, this type of offence results in other road users having to brake or change lanes. However, in more severe cases, it can result in serious injuries and even death.
In 2020/2021 in England and Wales, 568 deaths came from dangerous driving offences alone.
But what counts as dangerous driving, and how does it differ from careless driving? Our driving offence solicitors outline everything you need to know in this recent article.
For more information, please visit our driving offence page or contact our solicitors directly on 020 3007 5500.
What is dangerous driving?
In short, dangerous driving is where an individual drives a vehicle far below the standard of a careful and competent driver, which has put the life of the driver and other road users at risk.
Some of the common forms of dangerous driving include:
- Ignoring traffic lights or road signs
- Overtaking dangerously
- Driving when unfit, e.g. eyesight impairment
- Distracted whilst driving, e.g. reading, looking at a map, talking to other passengers
- Knowing the vehicle is faulty or unsafe to drive
- Driving on a hard shoulder reserved for breakdowns
Furthermore, it’s essential to know that there are three causes of dangerous driving, which are specific offences in their own right. These three offences are:
- Drink driving
- Drug driving
- Using a handheld mobile phone
Examples.
Example one:
James was in a rush as he was late meeting up with his friends. He saw a traffic light ahead, and it had just turned red. He ignored the red light and continued driving. Without looking, a car had already begun driving across the intersection. Before he realised, James’ vehicle collided with the other vehicle.
Example two:
Fiona began driving to the supermarket late in the evening to pick up some milk. She turned on her car, and her headlights didn’t work. However, she decided she would still drive to the supermarket as it was late and there were no other cars on the road. Whilst on her way, she crossed at a junction where she collided with another car, who didn’t see her coming.
Dangerous driving vs careless driving.
Both are similar, but dangerous driving is a more serious offence
Dangerous driving
As highlighted above, dangerous driving is where the standard of driving falls far below that expected of a competent driver. Examples include:
- Talking to and looking at a passenger
- Driving too fast or aggressively
- The driver knowing the vehicle has a dangerous fault
- Ignoring traffic lights
- Racing
Careless driving
Unlike dangerous driving, careless driving is when the standard of driving falls below, but not far below, the level expected by a competent driver. Examples of careless driving include:
- Flashing headlights to get other drivers to move out of the way
- Driving too close to another vehicle
- Driving through a red light by mistake
- Overtaking on the inside
What is death by dangerous driving?
Death by dangerous driving is when someone’s reckless driving has resulted in the death of another person.
For example, if someone ignores a red light and hits another car, which causes a passenger in the car to die.
If you’re facing a charge for death by dangerous driving, make sure you contact one of our driving offence solicitors directly on 020 3007 5500.
Dangerous Driving Sentencing Guidelines.
The sentence you face depends on factors such as whether you’re charged with dangerous driving or careless driving and whether the offence resulted in an injury or death. In the table below, our driving offence solicitors have broken down the sentencing guidelines for various offences:
Offence | Penalty Points | Maximum Penalty |
---|---|---|
Dangerous driving |
3 to 11 (if not disqualified) |
|
Careless driving | 3 to 9 |
|
Death by dangerous driving | 3 to 11 (if not disqualified) |
|
Death by careless driving | 3 to 11 (if not disqualified) |
|
Using a handheld phone while driving | 6 |
|
Driving a car in a dangerous condition | 3 in each case |
|
What can I do if I’m facing a dangerous driving charge?
If you’re facing a dangerous driving charge, you decide whether you plead guilty or not guilty. However, you should always consider your potential defences and mitigating factors first, which are as follows:
Defences:
The defence you use entirely depends on the nature of the dangerous driving offence. However, some of the most common defences include:
- Wrongly accused. This defence is where you feel you’re facing a charge for something you didn’t do.
- Duress. This defence is where someone argues that they were forced to drive dangerously.
- Mistake. This defence is where someone claims that they thought their car was road-worthy when it wasn’t.
- Self-defence. This defence is where someone argues that they were protecting themself from a serious injury.
- Automatism. This defence argues that they were unaware of their actions due to a reaction from a prescription drug.
- Insanity. This defence is where someone claims that they have a serious mental illness.
Mitigating factors:
Mitigating factors are not a defence, but they may reduce the sentence you receive. Examples of mitigating factors may include:
- The age of the person
- The person only playing a minor role in the offence
- Mental illness or disability
- Genuine remorse
- Good character
- Cooperation with the investigation
Remember...
If you’re facing a dangerous driving offence and need help from a driving offence solicitor, contact us directly on 020 3007 5500.
How do I report dangerous driving?
If the act of dangerous driving is still ongoing, call 999 immediately as it will help ensure the safety of all road users.
However, if the offence has happened, you can file a report with the police by calling 101. Alternatively, you can choose to submit a report online on the Metropolitan Police’s Website.
Why contact Britton and Time solicitors?
Driving offences are a serious area of criminal law, and dangerous driving can bring significant punishments if not appropriately handled. Therefore, if you’re facing a charge, it’s best to instruct a driving offence solicitor to ensure you don’t make costly yet avoidable mistakes.
For a dangerous driving case, our solicitors will always require an initial consultation first. In this consultation, our solicitors guarantee the following:
- As much time as you need to discuss your case and ask any questions
- A clear overview of your legal standpoint and available options
- An upfront time and fee estimate for your case
To arrange your initial consultation, please get in touch with our driving offence solicitors directly on 020 3007 5500.
Helpful on both dangerous driving and careless driving. Need a criminal defence lawyer, I will know where to come!
Hi Davie,
Thank you for your comment on our dangerous driving article. I’m glad you found the article helpful. Hopefully, you never will, but we’re here to help if you ever do need a criminal solicitor.
Kind regards,
Dominic