Dangerous Driving

If you are being prosecuted for dangerous driving then stop reading and contact Kellocks now.  You are in a very serious position.


The Law

Section 2 Road Traffic Act 1988

A person who drive a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

 


What does dangerous mean?

A person is to be regarded as driving dangerously if the way he or she drive falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that the driving was dangerous.

A person is also 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.

Dangerous refers to danger of injury to any person or of serious damage to property.  The court would also examine the circumstances of which the driver could be expected to be aware and also any circumstances shown to have been within the knowledge of the accused


What am I looking at?

Allegations of Dangerous Driving are often dealt with at the Crown Court where a maximum custodial sentence of 2 years immediate imprisonment is available.  The Court must ban you for a minimum of 12 months and order an extended re-test if you are convicted.

Sentence guidelines make it clear that immediate custody is the starting point in allegations where excessive speed arise.


Is legal aid available?

Very probably.

Allegations of dangerous driving satisfy the “interests of justice” test and if you are financially eligible, legal aid will be available.  Different financial tests apply to the Crown Court and the Magistrates Court.

Contact us now and we can provide you with expert advice regarding legal aid eligibility or a fixed fee to provide representation.

We are particular experts in very serious Road Traffic allegations and can make an enormous difference to the outcome of your case.