Dangerous Driving

The defence of dangerous driving prosecutions in Scotland is our particular area of expertise. With a minimum mandatory ban of at least twelve months at stake, together with a compulsory order to sit the extended test of competency, it is important that the very best legal representation is obtained.

Road Traffic Act 1988, Section 2: Dangerous Driving

Dangerous driving in Scotland is a serious offence and is normally prosecuted at Sheriff Court level.

Michael Lyon Solicitors Limited provide expert legal representation throughout Scotland. With offices situated in Glasgow and Dumfries, distance is never an impediment to requesting our expert assistance. We are proud to assert that we have successfully defended hundreds of dangerous driving prosecutions and our formidable reputation is amply vouched for by what previous clients have to say about the Firm. The minimum penalty, if convicted, of an offence under Section 2 of the Road Traffic Act 1988 is an obligatory twelve month disqualification from holding or obtaining a driving licence. There is also an associated order to sit the extended test of competency to drive. It is worth noting that this represents the sentencing starting point and more serious cases can result in the imposition of a custodial sentence, including up to two years on indictment. Your vehicle may also be forfeited in connection with the proceedings, subject to successful application by the Crown.

Whilst there may be a common perception of what constitutes dangerous driving, there is a strict two stage test applied by the Courts in Scotland.

Firstly the Crown require to prove that the standard of driving falls far below what would be expected of a reasonable and competent driver.

Thereafter it needs to be demonstrated that it would be obvious to such a driver that the manner of driving is dangerous.

It should also be noted that a person is 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. Assuming the appropriate notice of intended prosecution has been issued by the Crown or Police Scotland, a simple construction and use charge could therefore result in a Court citation for the altogether more serious contravention of Section 2 of the Road Traffic Act 1988.

This definition may seem to be unnecessarily complicated, however it is essentially for the Sheriff to consider the evidence as a whole and assess whether the offence has been proved by the Crown beyond reasonable doubt. A particularly skilled driver faces the same legal test as the newly qualified driver. The legal test for dangerous driving is therefore an objective one. Most people will have a general grasp of the types of bad or objectionable driving which may be criminalised by these provisions.

At the time of writing, there are three verdicts in Scots Law: guilty, not guilty and not proven.

The effect of the latter two verdicts is identical, namely you would be acquitted of dangerous driving. It is also open to the Court to make a finding of guilt in relation to the lesser charge of careless driving under Section 3 of the Road Traffic Act 1988. This is referred to as the implied alternative. The range of penalty applicable for a conviction for the implied alternative of careless driving is 3-9 penalty points however it remains open to the Court to impose a period of disqualification on a discretionary basis.

Care should be taken when negotiating these cases with the Crown. Whilst the reduction of a charge from dangerous to careless may appear to be a wonderful downgrade, it is still open to the Court to impose a period of disqualification and it is perfectly competent for the Sheriff to dispose of such cases by imposing bans in excess of 12 months. Indeed, there is no statutory limit on the period of disqualification. It is however possible to exert a degree of control over the facts and circumstances of a case which can significantly impact upon sentence.

Dangerous driving charges can involve various factors. Cases involving grossly excessive speeds can be prosecuted as dangerous driving however, it is important to note that speed in itself can only be relied upon in exceptional cases in the absence of any other actual or potential dangers. Unlike speeding prosecutions, the Crown do not have to adduce corroborated evidence of the accuracy of the speed measurement device in order to secure a conviction under Section 2 of the Road Traffic Act 1988.

We have successfully defended cases involving speeds in excess of 120mph, the highest being 140mph. Our definition of success in these examples is an outright acquittal. No plea negotiation to a reduced speed, no plea to a reduced charge of careless driving but a not guilty after trial. Our extensive experience conducting speed based prosecutions is there to be used to the advantage of our clients.

A conviction for dangerous driving in Scotland will ordinarily result in the imposition of a disqualification from driving for a minimum period of twelve months. This is the statutory minimum and it is, of course, perfectly competent for a Court to impose a ban in excess of this period. Indeed, the Court may impose a life ban should the particular circumstances of the case merit such a serious disposal.

Once the period of disqualification has been served, any person convicted of dangerous driving in Scotland will have to sit and pass the extended driving test before obtaining a full driving licence again. It is important to note that a driver will remain to be disqualified from driving until such time as the extended driving test has been passed. These are the most common penalties for dangerous driving convictions however alternative sentencing options may be open to the Court.

Dangerous Driving: Penalty Points as an Alternative to Disqualification

Schedule 2 of the Road Traffic Offenders Act 1988 orders the endorsement of a driving licence with 3-11 penalty points in cases where a period of disqualification has not been imposed following a conviction for dangerous driving.

It may appear confusing to suggest on the one hand that the penalty for dangerous driving is a mandatory disqualification from driving of at least twelve months but yet it is possible for the Court to simply endorse a licence with penalty points. This is where the legal concept of special reasons comes into play. Special reasons are, put simply, mitigating circumstances which fall short of an absolute defence in law. They must relate to the offence and not the offender.

The distinction is a crucial one: it is not a special reason to argue that a conviction for dangerous driving will lead to unemployment, homelessness, etc. It is only the circumstances of the offence which will be considered by the Court within the realms of a special reason submission. This can be a tricky balancing act as the Court will have to weigh the serious nature of the dangerous driving offence and public safety concerns against the special reason advanced by the driver. Perhaps the most common special reason argument relied upon, certainly in our experience, is medical emergency.

Dangerous Driving: Plea to Reduced Careless Driving Charge

Your Court citation for dangerous driving in Scotland will normally detail a brief narrative of the circumstances upon which the Crown will seek to rely in support of their prosecution under Section 2 of the Road Traffic Act 1988. Whilst the citation may only contain one charge, there is always a further charge of careless driving which invisibly sits behind the dangerous driving charge. It is known as the implied alternative and essentially it is open to the Crown to accept a plea of guilty to this lesser charge of careless driving. It is similarly always open to a Sheriff to convict an accused of careless driving rather than the principal charge of dangerous driving.

The reduction of a charge from dangerous driving to careless driving, whether pre-trial or post-trial, represents a significant downgrading of the offence. The Court can still impose a period of disqualification however the case may be concluded simply by the imposition of 3-9 penalty points.

It is important to ensure legal advice is obtained from a proficient legal practitioner. Whilst there may be circumstances where we will counsel an approach to the Crown to offer a plea of guilty to a reduced careless driving charge, equally there may be instances where we will specifically advise that no approach is made to the Crown. If we consider the Crown are not in a position to offer a sufficiency of evidence for both careless and dangerous driving charges, clearly we would not seek to enter into any plea negotiations with the Crown.

Dangerous Driving: Imprisonment

A conviction for dangerous driving in Scotland can result in a period of imprisonment. If you are prosecuted at solemn level, i.e. before a jury, you could be sentenced to a period of imprisonment of up to five years. Dangerous driving prosecutions in Scotland however tend to be prosecuted summarily, i.e. before a Sheriff, and the maximum period of imprisonment for dangerous driving is reduced to twelve months.

Whether a period of imprisonment is within the Court’s contemplation will depend upon a number of factors, including the seriousness of the dangerous driving offence itself and whether an accused has previous convictions for similarly serious driving offences. It is important to note that s.196 of the Criminal Procedure (Scotland) Act 1995 obliges a Court to have regard to the stage at which a plea of guilty is entered and consider whether a discount in sentence is appropriate. The sentencing process should involve the selection of a starting point sentence which is thereafter discounted, if appropriate, to take into account the stage at which the plea of guilty was intimated. The discount in sentence is discretionary although the disqualification cannot be discounted below the statutory minimum.

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FAQS

Yes. The offence carries obligatory disqualification and the convicting court is obliged to impose a ban of at least 12 months. There will also be an order imposed to sit the extended test of competency and you will remain to be disqualified from driving until this advanced test has been passed.
In certain circumstances the original charge of careless driving can indeed be elevated to dangerous driving however the Crown is often barred from doing so by the provisions governing notices of intended prosecution and warnings. You should take immediate legal advice as there is a legal presumption that the Crown has met these requirements unless the contrary is proved.
Only if there is a separate charge of speeding noted on the complaint. Speeding is only a competent alternative charge if it features on the charge sheet. Whether the Crown accepts the plea is, of course, another matter.
Careless driving is an implied alternative which means that it is always open to the Crown to accept a plea of guilty to this reduced charge. The range of penalty for careless driving is 3-9 points however the court can impose a disqualification in cases where the level of carelessness is considered to be at a high level. These plea negotiations are best conducted by an experienced lawyer.
No. It is only in exceptional cases that speed per se can be relied upon by the Crown to secure a conviction for dangerous driving. If it is 100mph in a 30mph limit, however, then the Crown would certainly have a solid basis for seeking a conviction for dangerous driving.
The Crown need to adduce corroborated evidence that the driving at the material time was dangerous. This means two independent sources of evidence which pointing to the same conclusion, i.e. that the standard of your driving fall foul of the twin test set out by the legislation. The oral testimony of what a witness has seen or heard is one potential source. It is not a prerequisite of conviction that the driving be captured on video.
The court will apply an objective test to its consideration of the established facts and therefore your experience (or inexperience for that matter) will have no bearing upon whether the driving complained of meets the test for dangerous driving.
This can be a dangerous line to take at trial. Being the owner of a fast car does not bestow any entitlement to drive at higher speeds than anybody else. As stated above the court will apply an objective test when considering whether a piece of driving is considered to be dangerous or otherwise. That said, in the same way a poorly maintained vehicle can form the basis for a prosecution for dangerous driving, a well maintained vehicle could also be prayed in aid by the defence.
Follow-checks are accepted by the courts, subject to certain conditions. The Police follow the target vehicle over a minimum distance of 0.2 miles whilst keeping a uniform gap to the target vehicle. This can form the basis of a prosecution for dangerous driving if the speed readings are noted to be grossly excessive. The prosecution do not require to prove the accuracy of a speed measurement in the context of a dangerous driving prosecution. These cases are often ripe for challenge and we have successfully defended speed based dangerous driving prosecutions involving speeds in excess of 140mph.
You are under no obligation to instruct a solicitor. The Crown will however be represented by a qualified solicitor at every calling of the case in court. The resources the Crown can call upon to prepare these cases are also significant. Equality of arms dictates that you should appoint the best solicitor you can to fight your corner.
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