Dangerous Driving

Specialist Motoring Offences Solicitor with over 35 years’ expertise in this area. Let me help you.

Dangerous driving is a serious offence, and being found guilty of dangerous driving can have a damaging impact on your life.

If you have been charged with dangerous driving, please call us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry without delay.

We understand how frightening it is to face a lengthy driving ban, and possibly even a large fine and a prison sentence. We want to help you, and can work on your behalf to limit the potentially devastating consequences a dangerous driving charge can have on your life.

“I was facing 2 charges, namely dangerous driving and speeding at speeds of up to 120mph. Naturally, I was pretty worried. I was put in touch with Paul Donnachie of Donnachie Law. He agreed to represent me.

Long story short, Paul met with someone in the Procurator Fiscal’s office and went over the charges with him. He managed to negotiate the dropping of the dangerous driving charge. And the Fiscal agreed also to limit the speeding charge to “speeds of up to 100mph”.

I tendered a guilty plea to the amended speeding charge and received a fine and 5 penalty points. I was amazed and delighted at the outcome especially since losing my licence would probably have meant losing my job as well. I doubt many other lawyers could have achieved a result like that.”

JM, Kirkcaldy

Penalties for dangerous driving

The penalties for dangerous driving vary depending on the circumstances, but can include disqualification for at least 12 months, up to two years’ imprisonment and a fine of up to £10,000. In the event of a disqualification, the driver will also have to pass the extended driving test before having their licence restored.

If special reasons can be established, the penalty may be reduced from a driving ban to three to 11 penalty points.

What is dangerous driving?

Many people who have been charged with dangerous driving question whether their conduct could really be considered ‘dangerous’. According to the law, a person is considered to be driving dangerously if –

• The way he/she drives falls far below what would be expected of a competent and careful driver, and
• It would be obvious to a competent and careful driver that driving in that way would be dangerous, and/or
• It would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous

So, there does not necessarily have to be an accident for someone to be guilty of dangerous driving. Rather, you must be driving in such a way that could potentially cause harm to a person or property. Or you must be driving a vehicle that could potentially cause harm – for example, because of a known defect with the brakes.

There are many different scenarios that might amount to dangerous driving, with some of the most common including –

• Driving at excessive speed where risks to road users and/or pedestrians are present
• Driving aggressively
• Racing
• Running red traffic lights and ignoring road traffic signs
• Driving while distracted – for example, by a mobile hand-held device
• Driving while under the influence of drugs or alcohol
• Driving despite knowing you are not fit to drive, perhaps due to ill health or fatigue
• Driving despite knowing the vehicle has a dangerous defect or load

How can we help?

If you are charged with dangerous driving, you are under no obligation to instruct a lawyer. However, given the severe penalties that are often associated with such cases, it is recommended that you ask a legal expert to represent you from the start.

At Donnachie Law we specialise in defending road traffic offences in Scotland. If you have been charged with dangerous driving, we can apply our knowledge of the law to advise you of the best way forward.

This might involve putting forward a defence that would result in a not guilty or not proven verdict. For example, it could be that you were not actually driving the vehicle at the time, you were not on a road or in a public place, or you were not aware of the vehicle’s defect.

Alternatively, it may be prudent to negotiate a lesser charge, such as speeding or careless driving. Or it may be advisable to plead guilty on the basis that special reasons exist, and this explains why the offence occurred. For instance, you may have been driving dangerously, but only because there was a medical emergency.

The right strategy will depend entirely on you and the individual circumstances giving rise to the charge. Given our extensive experience in defending dangerous driving offences, we can recommend the correct approach, putting forward a strong case that gets you the best result possible.

Contact us now

If you have been charged with dangerous driving, please contact us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry.

If we feel we cannot assist you, we will let you know at the start. If we believe, however, that we can successfully defend your case, we will act on your behalf, working hard to preserve your licence.