Each case will turn on its own facts, but examples of dangerous driving that have been prosecuted include:

1. Police chase / police pursuit.
2. Racing or going too fast.
3. Ignoring traffic lights or road signs.
4. Overtaking dangerously.
5. Aggressive driving.
6. Driving when unfit.
7. Driving a faulty or unsafe vehicle.
8. Driving whilst reading, looking at a map, tuning a radio or talking to passengers.

Sentence

This offence can either be dealt with in the Magistrates Court or the Crown Court.  The maximum penalty for dangerous driving is 2 years imprisonment in the Crown Court, and an unlimited fine.  A minimum driving disqualification of 12 months. The court must order an extended re-test.

For offences of death by dangerous driving, the maximum sentence is 14 years imprisonment and all cases must be heard by the Crown Court.

Defences

Defences to this offence are often factual.  It can be a defence for you to show that your driving did not amount to that of dangerous driving.  Alternative defences include where the dangerous driving is caused by a mechanical defect in the vehicle (provided it was neither obvious nor known to the driver), or where the driver was reasonably distracted (such as by animal/passenger).  Necessity / duress may also be a defence to dangerous driving, you must show you were acting to avoid threat of death or serious injury, either to yourself or to others. 

In our experience, it is not uncommon for these offences to be overcharged by the police.   The standard of driving is a matter of interpretation.  In some cases, we can successfully argue that the correct charge is careless driving which carries a lesser sentence and is non- imprisonable.

If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.