Dangerous Driving & Causing Death by Dangerous or Careless Driving.

In Your Defence Ltd M23Law specialise in defending clients on all types of Motoring / Road Traffic offences cases such as dangerous driving:
Section 2 of the Road Traffic Act 1988 defines dangerous driving as occurring when:

(a) The standard of driving falls far below what would be expected of a competent and careful driver, and
(b) It would be obvious to a competent and careful driver that driving in that way would be dangerous.

Examples include competitive driving, dangerous overtaking, driving on the pavement and excessive speed when there are poor road conditions.

car accident

Defence cases include:
- The driving did not fall below the requisite standard.
- Special reasons (such as genuine emergency).

Penalty:
- £5,000.00 maximum fine. Alternatively, a community order or custodial sentence can be imposed. In the magistrates court, the maximum custodial sentence is 6 months. In the crown court, the maximum custodial sentence is 2 years.
- The minimum disqualification is 12 months. However, disqualification for at least 2 years must be ordered if there are two or more disqualifications for periods of 56 days or more in preceding 3 years.
- Extended re-test must be ordered.

Where death occurs as a result of the driving of the suspect, then a death by dangerous driving charge may apply as per S1 of the Road Traffic Act 1988 and the Road Traffic Act 1991. The maximum sentence is 14 years and a minimum disqualification of 2 years must be imposed.

The Road Safety Act 2006 introduced two new offences of 'causing death by careless or inconsiderate driving.' Also 'causing death by driving when unlicensed, uninsured or disqualified.' The former carries 5 years and the latter 2 years imprisonment.

If you are to be interviewed by the police, or have been charged / summoned to attend court for dangerous driving, contact us now to learn how we can help.

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