Dangerous Driving

Dangerous driving is a serious driving offence.  It typically arises out of driving significantly over the speed limit, or driving so badly that you are a danger to yourself or others.

You don’t need to have had an accident to face a charge of dangerous driving.

Penalties for Dangerous Driving

The penalties for dangerous driving are heavy. If you are convicted, you face a minimum ban of 12 months and you will have to resit an extended version of the driving test. The ban comes with a fine, which can be very large: there is no law which limits the fine and dangerous driving is considered to be a significant criminal offence. For the most serious cases, the court can impose 2 years in jail.

Do you need legal advice? Call 01387 640415

The Charge of Dangerous Driving

Dangerous driving is a charge brought by the prosecutor (the Procurator Fiscal) against an accused person for driving which occurred in Scotland under section 2 of the Road Traffic Act 1988.

Section 2 of the Road Traffic Act 1988, states that: “A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.”  Whether or not a case is considered to be dangerous will depend on the facts and circumstances of the offence. No accident need to have taken place.  What is assessed as dangerous is the course of driving itself.  However, no consideration is given to the driver’s state of mind or driving ability.  Nor is the intention of the driver relevant.

Some of our clients have been kind enough to give their comments.

“Joe successfully defended a dangerous driving charge. The case was very complex and time consuming, not only did Joe quickly grasp all the nuances of the case, he presented the defence in court with great skill. The bottom line is that the defence was successful for one main reason – Joe cared about the outcome. A genuine 5 star service, highly recommended.”
– James Varney, Dangerous Driving, Perth Sheriff Court

“After been accused of racing at over 100mph and dangerous driving on the M8 which could possibly carry a custodial sentence, I did some research online and came across Scottish Driving Law. From my first phone call I could tell I had found the correct representation and for a very reasonable fixed fee. Joe was very understanding and always to there to answer any questions I had. He was very knowledgeable and clear throughout and didn’t give me any false hopes. After substantial negotiations during my trial Joe managed to get the racing at 100mph charged dropped completely and the dangerous driving charged reduced to very minor careless driving charge. I ended up with 3 points and a £300 fine. No words can describe how happy I was with the result. I would not hesitate in recommending Joe to anyone. Thanks Joe!!”
– Ryan Dunk, Dangerous Driving, Perth Sheriff Court

“I would just like to say a sincere and heartfelt thank you to Joe and Mary for the fantastic result in Court today. I was originally charged with Dangerous Driving after being clocked at 134mph on the A1. This was reduced to a speeding charge with far lesser consequences, I was expecting the worst; a very long driving ban, a really heavy fine and the dread of having to resit an extended test. Thanks to their professionalism and sound advice I am delighted with a 4 month ban and a £650 fine, with no resit. A very harsh lesson in life learned but made easier to bear by the unbelievable outcome in court. Would recommend without hesitation if anyone is in as much trouble as I was. Once again, Thank you, Shaun.”
– Shaun Hamilton, Edinburgh Sheriff Court

“Thanks for all your help and assistance in court in achieving the mimimum sentence for my driving misdemeanour. Made a potentially life changing incident simply a lesson in life.”
– Andrew Craven, Dumfries Sheriff Court

“I was extremely pleased that we chose Joe to represent us in court for Dangerous Driving as he negotiated a result over and above what we were expecting. We found him professional, knowledgeable, personable and supportive throughout the process and would highly recommend him to anyone who needs legal assistance with a driving offence charge.

“Joe skilfully guided us through the legal processes giving timely advice illustrating his knowledge and experience in successfully defending driving charges in Scotland.”
– JW, Dumfries Sheriff Court

“Following an accident I was charged with Dangerous Driving and was facing a ban, which would have resulted in me losing my job as I am an HGV driver.  Joe worked very hard to get the charge down from Dangerous Driving to Careless Driving. I received points on my licence and kept my job.  I really appreciate everything that Joe has done.”
– Neil Gas, Jedburgh Sheriff Court

“Having been charged with a Section 2 Dangerous Driving case for allegedly doing 100mph on the A75 road in Dumfries I realised my license was at risk with a minimum 12 month ban. Despite other firms telling me that negotiation on the charge would most probably not succeed, Joe thought that was the best option. Within 24 hours of appointing him the charge was changed to speeding to which I plead guilty and received a fair outcome which may well not have been the case if we had gone to trial on the original charge.

“I would have no hesitation in recommending Joe and Scottish Driving Law to anybody that finds themselves in difficulty due to the over zealous policing and questionable tactics of officers in that region.”
– D Stonehouse, Dumfries Sheriff Court

“I actually found out about your firm on the internet.  Before phoning, I did quite a bit of research on Dangerous Driving.  It was obvious to me from the first phone call that you knew the law inside out. I’m grateful for being kept up to date through the case. I would like to take this opportunity to say a big “thank you” to everyone involved and all their hard work.

“I would definitely recommend you to anyone who finds themselves in the unfortunate situation that I experienced.  Thank you again.”
– Richard Sully, Hamilton Sheriff Court