The offence
Section 2 of the Road Traffic Act 1988 defines dangerous driving as driving that falls far below the standard expected of a competent and careful driver, in circumstances where it would be obvious to a competent and careful driver that driving in that way would be dangerous. The test is objective. ‘Dangerous’ can relate to the manner of driving or to the state of the vehicle.
How cases are built
Cases often rely on dashcam footage, CCTV, witness statements and accident reconstruction evidence. The Crown must prove the driving fell far below the required standard. The line between dangerous and careless driving matters: careless driving (section 3) is a summary offence; dangerous driving is triable either-way and far more serious.
Defences and sentencing
Defences include disputing the standard of driving, mechanical issues with the vehicle, and genuine emergency situations. Dangerous driving carries up to two years’ imprisonment on indictment and a minimum 12-month disqualification. Causing death by dangerous driving (section 1) carries up to 14 years, and causing serious injury by dangerous driving (section 1A) up to five years.
Frequently asked questions
Two years’ imprisonment on indictment. Where the driving causes death, the offence of causing death by dangerous driving carries up to 14 years, and causing serious injury up to five years.
Dangerous driving falls far below the standard of a competent driver, in a way that would be obviously dangerous. Careless driving falls below the standard but not far below. Dangerous driving is either-way and imprisonable; careless driving is summary-only.
Dangerous driving carries a minimum 12-month disqualification and an extended retest before the licence is returned.
Yes. It is triable either-way, with a maximum of two years’ imprisonment on indictment.