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Road Traffic Act 1988, Section 2: Dangerous Driving
“A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence”
The offence, if proved, carries substantial penalties. The maximum prison sentence in solemn prosecutions is two years, and six months in summary cases with obligatory endorsement, and disqualification for a minimum period of 12 months. After the expiry of any period of disqualification the driver must re-sit and pass the extended driving test before the licence is returned.
In relation to dangerous driving prosecutions in Scotland, the Crown requires to prove that the manner of driving falls far below what would be expected of a competent and careful driver. In addition, the Crown also requires to demonstrate that it would be obvious to a careful driver that the manner of driving should be considered as dangerous.
We have successfully defended a vast number of dangerous driving prosecutions in Scotland. Each case turns on its own facts and circumstances and this is exactly the type of case that benefits from specialist legal representation.
The treatment of dangerous driving offences in Scotland various significantly from jurisdiction to jurisdiction.
Take the following example: motorist 'A' drives at 108 mph, for half a mile on a straight stretch of new motorway at dusk in conditions of good weather and visibility.
Now, putting aside the various technical defences that may exist in relation to the offence itself, legal authorities support the proposition that the charge should be libelled as dangerous driving (Abbas v Houston SCCR 1019). It is the speed
per se that takes the offence into the realms of dangerous driving. With a twelve month minimum period of disqualification and a compulsory re-sit order, this is a very serious matter.
However, some jurisdictions will instigate proceedings under the Motorways Traffic (Speed Limit) Regulations 1974, Regulation 3 and the
Road Traffic Regulation Act 1984, Section 17(4). In layman’s terms, a straight speeding charge. This is where the sentencing options alter dramatically. Presuming the case is before a Sheriff or Stipendiary Magistrate, the Court can endorse the licence with 3-6 penalty points or invoke powers of discretionary disqualification. Now, common sense would suggest that the Court would certainly be looking to impose something at the higher end although it must be observed that the sentencing options are more flexible.
Furthermore, section 37(1)(A) of the Road Traffic Offenders Act 1988 as introduced by
s.33 of the Road Traffic Act 1991 makes provision for a short-term ban which is defined as a period of disqualification of less than 56 days. The licence is effectively frozen during the disqualification period and becomes live upon expiry. This also saves the administrative hassle of reapplying to DVLA etc.
Now back to our hapless motorist. He would clearly rather be charged with straight speeding to allow for greater sentencing options. However if the same offence is prosecuted as a dangerous driving then an inevitable disqualification of at least twelve months will be imposed, regardless of his personal circumstances. This is assuming there were no special reasons, in the legal sense, relating to why the vehicle was driven at that speed.
It should be noted that the alternative verdict of careless driving is always available to Courts in Scotland. This is a matter that should be properly negotiated with the Crown following full consideration of the case papers.
If you are facing a charge of dangerous driving in Scotland you should seek expert legal advice as your licence is at risk. Our specialism in the field of road traffic law in Scotland can make the difference.
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ml@theroadtrafficlawyer.com |
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