Dangerous driving

It is an offence when a person’s standard of driving falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous.

Examples of driving that has been found dangerous include:

• Driving on the wrong side of the road
• Overtaking on a solid white line
• Grossly excessive speed

The difference from careless driving

Careless driving occurs when the standard of driving falls below that expected of a competent and careful driver; dangerous driving requires it to fall far below. The distinction is qualitative, with careless driving the less serious offence.

Possible defences

• The driving was not dangerous
• The incident happened on private property

If the elements of the offence are not made out, you may have a defence to the charge — and in some cases the appropriate charge is careless driving rather than dangerous driving.

The penalties

Sentence depends on how far the driving fell below the standard, aggravating and mitigating features, personal mitigation, and plea. The maximum when tried in the Magistrates’ Court is 6 months’ imprisonment; in the Crown Court, 2 years. Conviction carries an obligatory disqualification for a minimum of 12 months, with a requirement to pass an extended re-test.

• If you have a defence
• If you are unsure whether the elements of the offence are made out
• If there are special reasons not to endorse your licence or disqualify you from driving
• If you do not know what the sentencing guidelines are, or do not think you should be dealt with in accordance with them
• If you want a solicitor to make representations on your behalf, or do not want to represent yourself in court
• If you want to try and persuade the court to impose fewer points than the guidelines suggest
• If you would prefer points rather than a discretionary disqualification — or the other way round
• If you are at risk of a penalty points (totting up) disqualification