Dangerous driving is one of the most serious driving offences that can be dealt with by the criminal courts. Depending on the circumstances, a conviction can result in a substantial fine, a community order, a custodial sentence and a lengthy driving disqualification.
The sentence imposed will depend on the specific circumstances of the offence, including the level of danger created, the driver’s culpability, any harm caused and the presence of aggravating or mitigating factors.
If you have been accused of dangerous driving, obtaining advice from experienced dangerous driving solicitors as early as possible can be important. The way the prosecution case is challenged, and the evidence put forward in your defence, can have a significant bearing on the outcome.
What Is Dangerous Driving?
Dangerous driving is an offence under section 2 of the Road Traffic Act 1988. The standard of driving must fall far below what would be expected of a competent and careful driver, and it must be obvious that driving in that way would be dangerous.
The offence can cover a wide range of circumstances. Examples could include:
- Driving at an extremely excessive speed
- Racing or competitive driving
- Deliberately ignoring road rules
- Dangerous overtaking or manoeuvring
- Prolonged use of a mobile phone or other electronic device
- Driving while significantly impaired by alcohol or drugs
- Evading the police
- Driving for a substantial period without paying proper attention
The precise circumstances are important. Not every serious mistake behind the wheel will amount to dangerous driving. Some incidents may instead constitute careless driving, which is a less serious offence.
Dangerous Driving vs Careless Driving
The distinction between dangerous and careless driving can be crucial.
Careless or inconsiderate driving generally involves driving below the required standard, but the conduct does not necessarily fall so far below that standard as to constitute dangerous driving.
Dangerous driving requires a substantially more serious departure from the standard expected of a competent and careful driver.
The difference can therefore have major consequences for sentencing. Dangerous driving has a maximum penalty of two years’ custody, whereas the sentencing consequences for careless driving are generally less severe.
Whether the evidence establishes dangerous rather than careless driving can therefore be an important issue for the defence to examine.
What Are the Dangerous Driving Sentencing Guidelines?
The Sentencing Council’s current guideline for dangerous driving came into effect on 1 July 2023. It provides an offence range from a community order up to two years’ custody.
The court follows a structured approach when determining the appropriate sentence.
Step 1: Assessing Culpability and Harm
The first stage involves assessing the offender’s culpability and the harm caused.
Culpability is divided into three categories, A, B and C.
Category A: High Culpability
Examples of factors that can place an offence into the highest culpability category include:
- A deliberate decision to ignore the rules of the road and disregard the risk of danger to others
- Prolonged, persistent and deliberate dangerous driving
- An obviously highly dangerous manoeuvre
- Prolonged use of a mobile phone or other electronic device
- Driving while highly impaired by alcohol or drugs
- Evading the police
- Racing or competitive driving
- Persistent disregard of warnings
- A significant lack of attention to driving
- Speed significantly above the limit or highly inappropriate for the conditions.
Category B: Medium Culpability
Category B includes factors such as:
- A brief but highly dangerous manoeuvre
- A brief but avoidable distraction
- Driving knowing that the vehicle has a dangerous defect
- Driving at an inappropriate speed for the conditions
- Driving while impaired by alcohol or drugs
- Driving significantly impaired by a medical condition
- Driving while deprived of adequate sleep or rest
- Disregarding a warning from another person.
Category C: Lower Culpability
Lower culpability can apply where the standard of driving was only just above the threshold for dangerous driving.
A momentary lapse of concentration can also be relevant when assessing culpability.
This demonstrates why the individual circumstances of a case matter. The same broad allegation of dangerous driving can produce very different sentencing outcomes depending on the evidence.
How Much Prison Time Can Dangerous Driving Carry?
For the current guideline, the sentence depends on the combination of culpability and harm.
For Harm Category 1, the starting points range from a high-level community order for lower culpability through to 18 months’ custody as the starting point for high culpability, with a category range of one to two years’ custody for the most serious A1 cases.
For Harm Category 2, the starting points range from a medium-level community order for lower culpability to 36 weeks’ custody for high culpability, with the applicable category ranges extending up to 18 months’ custody.
These are starting points, not automatic sentences. The court can move upwards or downwards within the relevant range depending on the particular circumstances.
A guilty plea may also affect the sentence, although the driving disqualification itself is not subject to a guilty plea reduction.
What Are Aggravating Factors in Dangerous Driving Cases?
After determining the offence category, the court considers factors that may increase or decrease the seriousness of the offence.
Aggravating factors can make a sentence more severe. Depending on the circumstances, relevant factors may include previous convictions, particularly relevant offending history, multiple victims, or other features that increase the seriousness of the conduct.
The court must take care not to “double count” factors that have already been taken into account when assessing culpability or harm.
For example, if prolonged mobile phone use has already contributed to a high culpability assessment, the same feature should not simply be counted again to increase the sentence.
What Are Mitigating Factors?
Mitigating circumstances can reduce the sentence where they are relevant to the individual case.
Examples may include:
- A limited driving history
- Genuine remorse
- Evidence of positive character
- A relatively minor role in the offending circumstances
- Personal circumstances relevant to sentencing
- Steps taken to address the underlying issues
- A guilty plea at an appropriate stage
The relevance and weight given to mitigation will depend on the circumstances of the individual offender.
For someone facing the possibility of custody, properly presenting mitigation can be particularly important.
Can Dangerous Driving Result in a Driving Ban?
Yes. Dangerous driving carries obligatory disqualification.
The minimum disqualification is generally one year, together with a compulsory extended driving test. If the driver has been disqualified two or more times for at least 56 days during the three years before the offence, the minimum disqualification increases to two years.
The consequences can therefore extend well beyond any fine, community order or custodial sentence.
What Happens If Dangerous Driving Causes Death?
Cases involving a fatality can be prosecuted as causing death by dangerous driving, a separate and substantially more serious offence.
For offences committed after 28 June 2022, the maximum sentence is life imprisonment. The current guideline has an offence range of two to 18 years’ custody, with a minimum five-year driving disqualification and compulsory extended re-test.
The guideline divides culpability into three categories:
| Culpability | Starting point | Category range |
| High | 12 years’ custody | 8 to 18 years |
| Medium | 6 years’ custody | 4 to 9 years |
| Lesser | 3 years’ custody | 2 to 5 years |
Factors such as prolonged mobile phone use, highly impaired driving due to alcohol or drugs, racing, evading police and significantly excessive speed can be relevant to high culpability.
Where more than one person dies, the court can make an upward adjustment to reflect the overall seriousness of the offending.
Does Drink or Drugs Make Dangerous Driving More Serious?
Driving after consuming alcohol or drugs can be highly relevant to culpability.
The sentencing guideline identifies driving while highly impaired by alcohol or drugs as a high culpability factor. Driving while impaired, but not to the same degree, can fall within medium culpability.
However, allegations involving drink or drugs need to be considered carefully on their individual facts. There may be separate driving offences depending on the circumstances, including offences relating to excess alcohol or specified controlled drugs. Taking prescribed drugs can also impact culpability, as prescription drugs can still have negative impacts on driving.
Where the prosecution alleges that impairment contributed to dangerous driving, specialist legal advice can help determine what evidence should be challenged and how the case should be presented.
What About Using a Mobile Phone?
Mobile phone use can be particularly significant in dangerous driving cases, as drivers are dangerously distracted when using them.
The sentencing guideline specifically identifies prolonged use of a mobile phone or other electronic device as a high culpability factor.
Evidence relating to mobile phone use can include phone records, witness evidence and other forms of digital or forensic evidence. In a recent CPS case, mobile phone data was used alongside vehicle data to establish the speed of a vehicle in a fatal collision.
This highlights the importance of examining the prosecution evidence carefully rather than assuming that an allegation automatically proves the offence.
How Can Dangerous Driving Solicitors Help?
Facing a dangerous driving allegation can be extremely stressful, particularly where there is a risk of imprisonment or a lengthy driving disqualification.
Experienced dangerous driving solicitors can assess matters such as:
- Whether the evidence actually establishes dangerous driving
- Whether the prosecution has correctly characterised the standard of driving
- Whether the incident could instead amount to careless driving
- Evidence relating to speed, road conditions and visibility
- Mobile phone and electronic evidence
- Evidence concerning drink or drugs
- Witness statements and CCTV or dashcam footage
- Vehicle condition and mechanical evidence
- Previous convictions
- Aggravating and mitigating factors
- Whether a custodial sentence is genuinely necessary
The objective is not simply to minimise the sentence. Where there are legitimate grounds to challenge the allegation itself, a defence solicitor can examine whether the prosecution has sufficient evidence to secure a conviction.
Expert Legal Advice for Dangerous Driving Offences
Dangerous driving allegations can have serious consequences for your liberty, driving licence, employment and personal life. The distinction between dangerous and careless driving, the strength of the prosecution evidence and the specific circumstances of the incident can all be critical.
At McArthur Solicitors, our criminal defence team has experience dealing with dangerous driving, careless driving, and multiple other driving offences and can provide expert advice tailored to the circumstances of your case. Whether you are facing allegations of dangerous driving, a case involving drink or drugs, or more serious allegations such as causing death by dangerous driving, our solicitors can help you understand your position and the options available to you.
If you have been accused of a driving offence, contact McArthur Solicitors today to discuss your case and obtain specialist criminal defence advice.
