Crime Solicitors

Police have recently stopped a motorist for driving a car with its front tyre completely missing. The front panel on the driver’s side was also missing with what appeared to be leads trailing along the road.

Officers stopped the vehicle in Pembrokeshire in early February and it was later confirmed that the vehicle had no insurance and that the MOT had also expired in July 2016.

Dyfed-Powys Roads Policing Unit said the driver had passed their test in November 2017 and confirmed that “…yes, it was being driven in that condition on public roads”.

Everyone is aware of the offence of dangerous driving however not all motorists are familiar with exactly what constitutes the offence.

The Offence of Dangerous Driving

Dangerous Driving is defined in the Road Traffic Act 1988 which states that a driver is to be regarded as driving dangerously if the way they drive falls far below what would be expected of a competent and careful driver.

This part of the Act specifically relates to the manner of driving. Examples of driving which is dangerous include car racing on public roads or dangerous manoeuvers. The threshold for dangerous driving is very high and the offence is much more serious than that of careless driving which is viewed in a similar, fact-based manner.

The Act goes on to say that dangerous driving also exists in instances when it would be obvious to a competent and careful driver that the vehicle in its current state would be dangerous.

This gives the offence a different angle as the standard of driving could be perfect but if the vehicle is in a condition that is considered dangerous then they face the same charges and significant penalties as someone speed racing around a residential estate.

The Penalty for Dangerous Driving

Dangerous driving is one of the most serious allegations a motorist can face and unlike most road traffic offences, dangerous driving is classed as an “either-way” offence. This means that the case can be heard in either the Magistrates or Crown Court depending on how serious it is and the respective powers of sentencing in each court differs greatly.

The more serious cases will be escalated to the Crown Court which has greater powers and you could face up to 2 years in prison. If it is decided that your case should remain in the magistrates’ court then the maximum penalty the court can impose is 12 months imprisonment and a 2 year disqualification. This decision is not always in your hands, yet the court is hugely significant due to the disparity in the sentencing powers of each court.

Dangerous driving also results in the court ordering an extended re-test before you are able to drive again. Unlike in cases of drink driving, for example, where the motorist can drive upon expiration of the disqualification, dangerous drivers have to undergo an extensive driving test before their driving privileges are reinstated.

Whatever the reason for this motorist driving without a wheel, he now faces very severe consequences.

When do you need a Dangerous Driving Solicitor?

Due to the serious consequences of dangerous driving we would always recommend obtaining advice at the earliest opportunity. Allegations of dangerous driving are all largely fact-based and are dependent upon the strength of the evidence available and witnesses to the act that has been deemed dangerous.

We have dealt with countless cases that have initially started out as being “dangerous” but a review of the evidence has revealed that the case should actually be categorised as “careless” which makes a considerable difference in penalty.

Sometimes we witness an incident and experience a sense of shock. This instinct often makes us more inclined to consider the act as dangerous but when the evidence is analysed, broken down and viewed both objectively and pragmatically, we often realise that the threshold for dangerous driving has not been met and charges can often be reduced or defended entirely.

If you face an allegation of dangerous driving we would strongly recommend that you contact us for free advice so we can discuss the options available to you.

Please call our Road Traffic specialist Neil Sargeant on 020 3114 1145 or email him on neils@duncanlewis.com.

Author Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. He has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretches across all road traffic law, but is most extensive in:

• Dangerous & Careless driving;
• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital; and
• Cases involving a fatality.

Duncan Lewis Motor Law Solicitors

Recognised by the independent directory Chambers & Partners as a top tier criminal defence practice, Duncan Lewis’ Crime department has a wide selection of services with a highly skilled team of solicitors. Our services include Motoring Law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.