What Is The Sentence For Dangerous Driving? What You Need To Know.

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 0203 007 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 0203 007 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)	– Two years imprisonment – Unlimited fine – Obligatory disqualification of a minimum of two years
Careless driving	3 to 9	– Unlimited fine – Discretionary disqualification
Death by dangerous driving	3 to 11 (if not disqualified)	– 14 years imprisonment – Unlimited fine – Obligatory disqualification (min. two years)
Death by careless driving	3 to 11 (if not disqualified)	– 14 years imprisonment – Unlimited fine – Obligatory disqualification (min. two years)
Using a handheld phone while driving	6	– £1,000 fine (£2,500 for PCV or goods vehicle) – Discretionary disqualification
Driving a car in a dangerous condition	3 in each case	– LGV or PCV unlimited fine – Other vehicles £2,500 fine – Obligatory disqualification if the offence committed within three years of a previous conviction for a similar offence (minimum six months) – Otherwise discretionary disqualification

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

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.