Dangerous Driving
Dangerous driving.
Specialist defence at every stage.
One of the most serious motoring offences. A mandatory ban, a compulsory extended re-test, and a real risk of custody. These cases can be heard in the Crown Court as well as the magistrates’ court.
At a glance
s.2 RTA 1988The legal framework
The headline reference for this service is s.2 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
The gap between dangerous and careless driving is a question of degree, and it is where much of the work is done.
- Far below, and obvious
- The standard must fall far below that of a competent and careful driver, and the danger must have been obvious to such a driver.
- Dangerous or careless
- Reducing the charge to careless driving removes the mandatory ban and the extended re-test. It is often the key objective.
- The evidence of danger
- Speed calculations, footage, collision investigation reports and expert evidence are all examined closely.
- The condition of the vehicle
- Where the allegation is based on the state of the vehicle, what you knew or ought to have known is central.
- Venue
- Whether the case is heard in the magistrates’ court or the Crown Court has a significant effect. That decision is taken with advice.
- Avoiding custody
- Where conviction follows, thorough mitigation and the right supporting material shape whether the sentence is immediate.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| Mandatory 12-month ban | Minimum on conviction |
| Up to 2 years’ custody | On indictment |
| Compulsory extended re-test | Before you can drive again |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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Just start with what’s happened.