Dangerous Driving

The Road Traffic Act states that it is an offence for a person to drive a mechanically propelled vehicle on a road or other such public place in a dangerous manner.

Proving dangerous driving rests with the prosecution, not the defendant. However, you should use the service of a specialist solicitor to examine any evidence produced by the prosecution to exploit any failings or loopholes in an effort to secure an acquittal.

However, if this is not possible your solicitor may be able to argue a less serious charge of careless driving, which can be dealt with by Magistrates and attracts lower maximum penalties.

A person is considered guilty of dangerous driving if:

• their driving falls well below that which is expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in such a manner would be dangerous
• the state of the vehicle is such that it would be obvious to a competent and careful driver that driving the vehicle in such a state would be dangerous.
• The offence of dangerous driving should not be confused with the lesser offence of careless driving. However, it is likely that your solicitor could use this lesser offence as a bargaining tool in an effort to reduce the level of any penalty if found guilty.

Expert accident investigators may be called to try to prove dangerous driving, especially in the event of a road traffic accident. It would be wrong to think their evidence cannot be challenged and doing so can have a significant effect on the value of their evidence.