Dangerous Driving

The Road Traffic Act 1988 creates a hierarchy of driving offences. Dangerous driving — Section 2 — requires that the standard of driving falls far below what would be expected of a competent and careful driver, and that it would be obvious to a competent and careful driver that driving in that manner would be dangerous. Careless or inconsiderate driving — Section 3 — covers driving that falls below, but not far below, the required standard. At the most serious end, causing death by dangerous driving carries a maximum of life imprisonment.

• Section 2 RTA 1988 — Dangerous driving: maximum 2 years' imprisonment, mandatory disqualification of at least 12 months, extended retest required
• Section 1 RTA 1988 — Causing death by dangerous driving: maximum life imprisonment, mandatory disqualification of at least 2 years, extended retest required
• Section 3 RTA 1988 — Careless or inconsiderate driving: fine and 3–9 penalty points or discretionary disqualification
• Section 3ZB RTA 1988 — Causing death by driving while unlicensed, uninsured or disqualified
• Section 3A RTA 1988 — Causing death by careless driving while under the influence

The key question in a dangerous driving case is whether the standard of driving fell far below what would be expected of a competent and careful driver. This is an objective test — the defendant's state of mind is not the primary consideration, although it may be relevant to sentence. Our solicitors will carefully review all the evidence — including witness accounts, CCTV and dashcam footage, police reconstruction evidence and any expert evidence — to build the strongest possible defence.

• Obtaining and reviewing all prosecution evidence including CCTV and dashcam footage
• Instructing independent driving experts where appropriate
• Challenging the prosecution's account of the standard of driving
• Arguing the lesser offence of careless driving where appropriate
• Detailed sentencing mitigation where a guilty plea is appropriate
• Appeal against conviction or sentence

Cases involving fatal road traffic collisions are among the most serious and emotionally complex matters in the criminal justice system. The consequences of a conviction are severe, and the investigation by police is thorough and lengthy. If you have been involved in a fatal collision, it is essential to seek legal advice at the very earliest opportunity — ideally before giving any account to the police. Our solicitors will advise and represent you with the utmost care and professionalism throughout these proceedings.