Is Dangerous Driving a Criminal Offence?
Most motoring offences are treated with high severity by UK law due to them having the potential to cause harm; dangerous driving is one of the most serious of these and is a criminal offence.
In the following guide, the motoring law experts at JMW have outlined what actions fall under dangerous driving, what the penalties are and what you should do if you are being prosecuted for a dangerous driving offence.
What is dangerous driving?
Dangerous driving is a broad but self-explanatory offence. It encompasses any driving that may endanger the life of the driver or others. This includes speeding, illegally overtaking, ignoring traffic lights, using a phone while driving, and so on. Dangerous driving offences are different to careless driving offences, which are designated as 'driving below a lower-than-expected level of driving standards. Dangerous driving is when the driving falls far below the level of driving standards.
A competent and careful driver will have a good understanding of the Highway Code and its up-to-date rules, understanding rules such as which vehicles they should give way to and when, how to communicate with other drivers or passengers, and other specific, situational conditions.
A driver can also be prosecuted for dangerous driving if their vehicle has a fault that they know about. By law, it is essential that, if you believe something is wrong with your vehicle, you have it inspected by a professional mechanic and repaired or replaced. Failing to do this may lead to incurring legal penalties and harming yourself or someone else.
Additionally, driving under the influence of alcohol or drugs can be considered dangerous driving. Drug and drink driving are both serious offences that will go on your criminal record and driving licence, so any further motoring offences will be treated with the understanding that you are a repeat offender, resulting in higher penalties. Being under the influence while committing a dangerous driving offence will also incur a drink or drug driving offence on top of the first one.
To understand drink driving and drug driving substance limits, visit the relevant pages on our website.
What are the penalties for dangerous driving?
Depending on the nature of the offence and how severe the consequences were, the dangerous driving charge will vary in severity. The factors that the court will consider include:
- The risks associated with the manner of your driving
- The effect of any alcohol or drug you consumed
- The speed of your vehicle
- Your behaviour
- Whether any victims were pedestrians or cyclists
At the highest level, you will receive a criminal conviction with an unlimited fine, up to two years in prison and a driving disqualification. This penalty increases depending on the type of offence, with the most severe being causing death by dangerous driving, which has a maximum penalty of an unlimited fine, 14 years in prison and a minimum disqualification of two years.
What should I do if I am being prosecuted with a dangerous driving charge?
As stated above, dangerous driving is a serious motoring offence and comes with some severe penalties. After committing such an offence, you will either be apprehended by the police or receive a notice of intended prosecution at the address the vehicle may be registered.You can choose to accept your charges and pay any fines, or dispute the allegation. This second option should not be undertaken without the help of an expert motoring offence solicitor.
The motoring offences solicitors at JMW are experts in their field. We have decades of experience dealing with all kinds of driving offences, including dangerous and careless or inconsiderate driving incidents. We stay informed on the ever-changing Road Traffic Act and Highway Code and can help you to navigate these by guiding you through the entire process.
Get in Touch
Speak to the driving offence experts at JMW today by calling 0345 872 6666, or filling out an online contact form to request a call back.