The offence in this case is “Driving a mechanically propelled vehicle dangerously on a road or other public place”.
Driving dangerously – means the standard of driving falls far below what would be expected of a ‘competent and careful driver’ and it would be obvious to a competent and careful drier that driving in that way would be dangerous.
A person can also 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. Therefore, the danger may arise from a person’s driving or from the state of the vehicle.
Dangerous - refers to danger of injury to a person or serious damage to property.
There are aggravating circumstances that may make the case against you a serious one although there may be mitigating factors that can help you.
Examples of aggravating circumstances:
• Driving whilst under the influence of alcohol or drugs,
• Carrying out other tasks .ie: reading, using mobile phone,
• Carrying passengers or heavy load
• Aggressive driving
• Already a disqualified driver
Examples of mitigating factors:
• Genuine emergency
• Speed not excessive
• Young or inexperienced driver
• Good driving record
• Pleading guilty to the offence at the earliest possible
If convicted of Dangerous Driving, it carries a mandatory disqualification for at least 12 months and previous disqualifications may affect the sentence. Please note that depending on the circumstances the case may be tried summarily in the Magistrates Court or on Indictment in the Crown Court and the penalty may be up to 2 years imprisonment, a fine or both.
In all these cases it is best to seek advice from a solicitor and obtain representation. If you feel the need to contact us, please feel free to contact our traffic solicitors on 0208 577 5491