Dangerous Driving Solicitors

Speak to our dangerous driving solicitors in London, Manchester and Birmingham today

For an initial consultation on your legal position and the available options, please call 020 7624 7771.

For urgent advice at any time of day or night, please call our emergency number 07836 577556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form and we will get back to you quickly.

Our dangerous driving solicitors can represent you at Willesden Court if you are due to make an appearance there. This means that our costs will likely be lower, as we are a local firm to the court.

Our dangerous driving expertise

Defending against allegations of dangerous driving

Dangerous or reckless driving is where someone’s standard of driving is deemed to have fallen well below what is expected of a competent and careful driver. Examples of dangerous driving may include speeding, ignoring road signs, overtaking dangerously or knowingly driving a vehicle with a dangerous fault.

The severity of the penalty you receive for dangerous driving will ultimately depend on a multitude of factors. The maximum penalty you could receive for dangerous driving is 2 years’ imprisonment, an unlimited fine and a driving ban – but this can escalate if you are found guilty of an offence as serious as causing death by dangerous driving.

Penalties – Dangerous Driving

Dangerous driving could result in six months imprisonment and/or an unlimited fine if dealt with at the Magistrates’ Court.

If dealt with at the Crown Court, the maximum sentence is two years imprisonment. The court must impose a disqualification for at least 12 months. If an offender has had one or more disqualifications of at least 56 days in the preceding three years, the period of disqualification is two years (it could be more). The court must also order an extended driving retest.

The court in deciding any penalty will have regard to sentencing guidelines. For example, if the driving involved a single incident where there was little or no damage or risk of personal injury, the court would be looking at imposing a low level community order to a high level community order and disqualifying for 12 – 15 months.

At the other end of the scale, where there has been prolonged bad driving involving deliberate disregard for the safety of others or excessive speed or “showing off”, especially on busy roads, the matter is likely to be referred to the Crown Court where the maximum sentence of two years imprisonment can be imposed.

The driving disqualification would again be for at least 12 months or possibly two years (see above). There is no maximum driving disqualification, only a minimum. Any driving ban would be endorsed on the offender’s driving record

The courts will deal with each case on its merits and make the appropriate adjustment for mitigating and aggravating features.

Our dangerous driving solicitors can represent you if you are facing an accusation of dangerous driving, providing expert criminal defence to prove that your driving was not dangerous.

Causing death by dangerous driving

As previously mentioned, causing death by dangerous is a very serious offence and, as such, carries heavy penalties. If you are convicted of causing death by dangerous driving, you could face an unlimited fine, 14 years’ imprisonment and a driving ban.

It should go without saying that the support of a specialist dangerous driving solicitor is absolutely essential if you are to avoid prosecution and receive a reduced penalty.

Penalties – Causing death by dangerous driving

On a charge of causing death by dangerous driving, the matter has to be heard in the Crown Court.

If convicted of causing death by dangerous driving, there is a mandatory disqualification for at least two years. There is also a requirement to take a mandatory retest.

The court, when imposing the appropriate sentence will have regard to sentencing guidelines.

For example, at the lower end of the guidelines where there has been driving that has created a significant risk of danger, the sentencing range would be between two – five years custody.

At the other end of the guidelines are the most serious offences encompassing driving that involved a deliberate decision to ignore/disregard the rules of the road and ignoring any danger that could be caused to others. Where the court decides that this is the case an offender would be facing a range of 7 – 14 years imprisonment.

The court will take in to account any aggravating or mitigating factors in each case and adjust the sentence accordingly.

Any period of disqualification will appear on the offender’s driving record.

Using a vehicle in a dangerous condition

You can also be penalised for driving your vehicle in a dangerous condition if your vehicle is deemed unsafe to be on the road. For example, this might be because there are issues with the tyres, the headlights, or the brakes.

Using a vehicle in a dangerous condition could result in a maximum fine of £2,500 and a driving ban. If the vehicle is an LGV or PCV, you could face an unlimited fine.

Penalties

Defective brakes or tyres carry three penalty points and a maximum fine of £2500.

Maintenance of the braking system is an obligation on the driver and saying, for example, that the vehicle had recently passed its MOT would not be a defence.

Having defective lights does not carry penalty points but there is a maximum fine of £1000.

The court has a discretion to impose a driving disqualification in every case where it could impose points. Therefore just because an offence carries a set of points, this does not mean the court will necessarily impose points. It could impose a discretionary disqualification in appropriate circumstances.

If the imposition of points brings the total on a driver’s record up to 12 points there is the likelihood of an offender being disqualified under the “totting up” procedure.

Why choose our dangerous driving solicitors?

If you have visited the police station, or the court, for a dangerous driving offence, it is essential that you seek legal advice from specialist dangerous driving solicitors at the earliest opportunity.

If you are accused of dangerous driving, you will have the option of using a duty solicitor to defend you. Using a duty solicitor may not be the best option, as they can often lack the specific expertise required to provide effective representation and legal defence.

In contrast, our dangerous driving solicitors have substantial expertise and experience in this area of motoring law, using this knowledge to provide carefully tailored advice and representation.

We will guide you through the entire process with clear, straightforward advice that allows you to fully understand your situations, rights, the potential outcome and the options available to you.

Our dedicated driving offence lawyers can act in your defence at any time, including on weekends and bank holidays.

If your case is due to be heard at Willesden Court, we can represent you, with our costs likely being lower as we are a local firm to the court.

Funding your dangerous driving defence

Funding police station representation

You are entitled to free legal representation if you have been arrested or are being interviewed under caution. This can be from a solicitor of your choosing.

Funding your legal defence if you are prosecuted

If you are charged and prosecuted for dangerous driving, you may be able to have some or all of your legal defence covered by a ‘Representation Order’. This is commonly referred to as ‘legal aid’.

The level of financial assistance you could receive and the process used will depend on the type of court the prosecution takes place in.

Private fees 

If you wish to, you can also self-fund your legal representation. If this is the route you would like to take, we can clearly explain all of the potential costs and our fee structures. Whether or not you receive legal aid funding, any contribution you make to your legal defence will be refunded if you are found not guilty.

Frequently asked questions about dangerous driving

What is dangerous driving?

Dangerous driving is where your standard of driving falls far below what is expected of a careful and competent driver. At the same time, dangerous driving is also likely to put other road users at risk of harm.

What is the difference between dangerous and careless driving?

Careless driving is a less serious offence when compared to dangerous driving. Careless driving is where the standard falls below what is expected on a competent driver, usually through a lack of due care and attention. Rather than being put at immediate risk of harm, other road users are likely to be inconvenienced by careless driving.

What is classed as dangerous driving?

There are various actions which could be examples of dangerous driving, including:

• Racing or speeding
• Ignoring traffic lights or road signs
• Overtaking dangerously
• Driving on a hard shoulder
• Driving when unfit

Offences such as drink driving, drug driving and using a handheld mobile device are also examples of dangerous driving, but they are specific offences in their own right.

What is the maximum fine for dangerous driving?

You can potentially face an unlimited fine for dangerous driving. This is often coupled with a driving ban and a prison sentence, depending on the circumstances of your case.

Contact our dangerous driving solicitors today

For urgent specialist advice, immediate representation or to speak to our solicitors in London, Manchester and Birmingham confidentially about a dangerous driving offence, please call 020 7624 7771 or email solicitors@jdspicer.co.uk.

Alternatively, you can fill out our quick online enquiry form and we will get back to you quickly.

For immediate representation and advice, call our emergency number 07836 577556 and we will provide you with the urgent assistance you need.