Dangerous Driving In Scotland
Is Dangerous Driving Serious?
Dangerous driving in Scotland is a serious charge. A dangerous driving conviction carries disqualification from driving for at least 12 months and you have to pass an extended driving test. A £5000 fine and/or a prison sentence of up to 6 months may be imposed. In more serious cases you can go to jail for 2 years. Causing death by dangerous driving in Scotland carries a prison sentence of up to 14 years.
Does Experience Matter in Dangerous Driving?
Experience is often relevant to the sentence imposed but not in establishing whether or not the driving was dangerous. The test applied by the Court is an objective test - Was the driving dangerous? Did it fall far below the expected standard? Was it obviously to others that it fell far below the expected standard?
Dangerous Driving Points? How many will I get?
A conviction for dangerous driving will always result in at least 12 month ban and a resit of your driving test unless special reasons are established which allows the Court to impose between 3 and 11 penalty points (3-9 for 'furious driving'). It is rare for a Court to deal with dangerous driving by penalty points.
What are the time limits for a Dangerous Driving Charge?
You must be warned in person at or around the time of the alleged offence or in writing within 14 days. Thereafter there are no time limits for the prosecution of an allegation of dangerous driving. In most driving offences a strict 6 month time limit applies from the date of the offence to the service of papers. The time limit does not apply to dangerous driving as it is an 'either-way offence' - this means that it can be prosecuted in front of a jury and that removes any time limit. The Court will always have regard to the fairness to a driver when assessing whether a prosecution can proceed if it has taken a long time to get to Court.
How long does Dangerous Driving stay on your driving licence?
A dangerous driving charge will remain on your driving licence for a period of 4 years from the date of the conviction - for example: date of conviction - 1st April 2017 stays on your licence until midnight on 1st April 2021. In reality, it may take a few days beyond 1st April 2021 for DVLA to amend your record.
What are the Dangerous Driving Offence Codes?
The offence codes for dangerous driving that are recorded on a driving licence upon conviction must remain on the licence for 4 years from date of conviction. The most common offence code is DD40 - dangerous driving.
|DD10||Causing serious injury by dangerous driving|
|DD60||Culpable homicide while driving a vehicle|
|DD80||Causing death by dangerous driving|
Will My Insurance Premium Increase After Dangerous Driving Conviction?
In a word: 'Yes'. Insurers will rarely insure someone who has been convicted of dangerous driving without adding a significant increase to their premium - some insurers may deny cover altogether. A conviction for dangerous driving will stay on your driver record for 4 years but insurance companies may ask you to declare any convictions for a longer period - i.e. 5 or 7 years. Failure to tell your insurance company the truth about your previous convictions may invalidate your insurance.
For over a decade Michael Lyon Solicitors has successfully defended hundreds of motorists charged with dangerous driving. It is one of the most serious charges any driver can face and is our particular area of expertise. The questions listed above are often asked by drivers whose licences are in jeopardy following an allegation of dangerous driving. We offer free consultations, so call today for definitive advice on how to deal with an allegation of dangerous driving in Scotland.
You can read about more of our past cases by visiting: https://www.theroadtrafficlawyer.com/track-record
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