Dangerous Driving

You could have been incorrectly charged

“We routinely deal with motorists who have been incorrectly charged. Often an allegation of dangerous driving can be reduced to careless driving, which is far less serious and you may even avoid disqualification.”
Carl Millar | Head of Road Traffic Department

Dangerous driving arises if:

  1. a motorist’s driving falls far below the standard of a competent and careful driver; and
  2. it would be obvious to a competent and careful driver that driving in that way would be dangerous

Both dangerous driving and causing death by dangerous driving will attract automatic disqualification and there is also a substantial risk of imprisonment.

The Prosecution have to prove the case beyond any reasonable doubt and each case will depend on the facts. It is crucial that you have an expert legal team who attend Court on a regular basis as the best preparation and cross-examination can make the difference between being convicted or acquitted.

Examples of dangerous driving offences are:

  • overtaking dangerously
  • deliberately ignoring red traffic lights, road signs or traffic markings
  • going the wrong way on a roundabout
  • driving on the pavement
  • driving aggressively

The Prosecution often rely on accident investigators or expert witnesses. At Cunninghams Draycott Browne Solicitors our team of solicitors and barristers have many years of experience in defending such cases and we have access to a network of expert witnesses to rebut the evidence of the Prosecution. Examples include instructing road accident consultants who can prepare reconstruction reports and comment on the Prosecution evidence to try and establish doubt in respect of the Prosecution case.

A distinction between dangerous and careless driving is that dangerous driving refers to a danger either of personal injury or of serious damage to property. At Cunninghams Draycott Browne Solicitors we will fight a dangerous driving prosecution and, even if a motorist is found to be at fault, we will advance arguments in relation to emergency situations (see penalty points on your licence) or there could be a complete defence of duress (see penalty points on your licence). We can also try to persuade the Prosecution to accept the lesser charge of careless driving.

Punishment of Dangerous Driving
The punishment is between three to eleven penalty points and an obligatory disqualification for a minimum period of one year. If convicted, this can result in a prison sentence of up to two years. It will also be necessary to take a retest before you can drive again.

Cunninghams Draycott Browne Solicitors are experts in handling dangerous driving alleged offences. If appropriate, we will rigorously defend the quality of your driving and present any mitigating circumstances, which may help you avoid punishment or reduce the severity of the punishment.

With our experience we are best placed to discuss and consider any potential defence of your case is to telephone us on our freephone number 0800 32 888 46. Our telephones are manned by driving defence experts throughout the day, evening and weekends including bank and public holidays.

If you wish to contact us via e-mail, please complete the online enquiry form and we will contact you immediately.

Death by Dangerous Driving

This is a very serious offence, which often results in lengthy prison sentences. It can only be dealt with in the Crown Court and high quality legal representation is crucial. Many of our solicitors have higher rights of audience whereby they can appear in the Crown Court.

At Cunninghams Draycott Browne our resources and vast experience has enabled our experts to appear as advocates in the Crown Court and this high quality legal representation is crucial in defending your case.

The Prosecution often rely on accident investigators or expert witnesses. Our team of solicitors and barristers have many years of experience in defending such cases and we have access to a network of expert witnesses to rebut the evidence of the Prosecution. Examples include instructing road accident consultants who can prepare reconstruction reports and comment on the Prosecution evidence to try and establish doubt in respect of the Prosecution case.

Punishment for causing Death by Dangerous Driving
Three to eleven penalty points, and disqualification for a minimum of two years, and up to fourteen years imprisonment. Again, anyone convicted of causing death by dangerous driving must take a retest before they will be permitted to drive again.

In our experience the best way to discuss and consider any defence of your case is to telephone us on our freephone number 0800 32 888 46. Our telephones are manned by driving defence experts throughout the day, evening and weekends including bank and public holidays.

If you wish to contact us via e-mail, please complete the online enquiry form and we will contact you immediately.

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