“Dangerous driving” – danger of injury to a person or of serious damage to property.
Dangerous Driving in Scotland: the Law
Road Traffic Act 1988 Section 2: Dangerous Driving
A person is to be regarded as driving dangerously if the way he 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.
A person is also to be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
Penalty: Dangerous Driving carries more severe penalties than Careless Driving. The driver will be disqualified for a minimum period of 12 months, fined and forced to re-sit the extended driving test after the period of disqualification is up. If a driver is caught speeding at excessive speed then they can be prosecuted for dangerous driving. For example, people are charged with dangerous driving in Dumfries Sheriff Court for speeds in excess of a 100mph on the M74/A74.If a person is doing close to 60mph in a 30mph zone then that can also be classed as dangerous driving. In Aberdeen Sheriff Court a client was charged with dangerous driving for 60mph in a 30 zone he was convicted after trial but there were aggravating facts i.e. pedestrians on the pavements and a nearby school.
Dangerous Driving also carries the potential for a period of imprisonment depending upon the nature of the driving.
The Crown can now prosecute you for an aggravated offence of S1A of The Road Traffic Act 1988 which is dangerous driving which causes serious injury and as a result the penalty increases. ‘A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence’.
How We Can Help
Hamilton Sheriff Court
A client was charged with a S1A of the Road Traffic Act 1988 as a result of being in a crash where his partner who was in the passenger seat broke her arm.We were able to show that the crash occurred due to water lying on the road which came off a nearby field. The client was found not guilty.
Dumbarton Sheriff Court
Client was charged with dangerous driving on a motorbike on the A82 Renton/Dumbarton dual carriageway due to a speed of 110 mph.
He was initially charged with dangerous driving.
We were able to persuade the Crown to limit the speed to 100 mph and to accept a Section 3 which is careless driving.
Client had 7 penalty points imposed on his licence and was fined £400.
Paisley Sheriff Court
Client was initially charged with dangerous driving in that he was doing 120 mph on the M8 at the White Cart viaduct.
The client eventually pled guilty to speeding at Junction 29 on the M8 which is a 70 mph zone.
The Crown accepted that he was doing 100 mph.
As a result of this he had 5 penalty points endorsed on his licence together with a fine.
Dumfries Sheriff Court
A client was charged with dangerous driving in that he was alleged to be doing 139mph on the M74.
This matter proceeded to trial at Dumfries Sheriff Court where we were able to show via mechanical evidence that the vehicle being driven by the accused could not reach the speed claimed by the Police.
After hearing expert testimony, both from the defence and the crown he convicted of careless driving.
Inverness Sheriff Court
A client was charged with dangerous driving as he was doing 108mph on the A82 along the side of Loch Ness.
We were able to show evidence to the crown that allowed them to accept a careless driving charge and the client was fine £1500 and given 6 penalty points.