What to Do If You're Charged with Dangerous Driving: Your Options Explained

If you've been charged with dangerous driving, you're likely feeling overwhelmed and unsure of what steps to take next. Dangerous driving is one of the most serious offences in the realm of motoring law, and the consequences can be severe. In this article, we’ll break down the options available to you and what they mean for your case.

Alternatively, you can watch our video on YouTube (linked below) if you'd prefer to listen to our senior solicitor Conor Johnstone discussing this issue.?

https://www.youtube.com/watch?v=S_s0spftoME&t=64s

What is Dangerous Driving?

Dangerous driving is considered a serious offence because it involves driving in a manner that falls far below the standards expected of a competent and careful driver, and that would be obvious to any reasonable person. A conviction for dangerous driving can lead to hefty fines, a driving ban, and even a prison sentence, especially in serious cases.

The offence is so severe that it can be taken directly to the Crown Court for trial by jury—something that not all motoring offences, like drink driving or drug driving, are eligible for. In short, the stakes are high, and knowing your options is crucial.

Option 1: Plead Guilty to Dangerous Driving

The first option for anyone charged with dangerous driving is to plead guilty. For many, this might seem like the obvious route. There are some benefits to this approach, notably the potential to receive credit for an early guilty plea. This credit can reduce the punitive part of the sentence (like fines, community orders, or prison sentences) by a third. However, there are significant downsides that you should be aware of:

1. Disqualification from Driving: Regardless of whether you plead guilty early or not, the court is still likely to impose a driving ban. In dangerous driving cases, the minimum ban is 12 months, but most drivers receive a ban that lasts at least 2 years.
2. Extended Retest Requirement: In addition to the driving ban, you’ll also need to pass an extended retest to regain your licence.
3. Potential Prison Sentence: Although pleading guilty may reduce the severity of the sentence, the risk of imprisonment remains significant. For many, going to prison is something they wish to avoid at all costs.
4. No Reduction in Disqualification: Pleading guilty will not reduce the length of the driving disqualification. So, even if you get credit for an early guilty plea, the driving ban remains.

Option 2: Enter a Not Guilty Plea and Challenge the Evidence

If you believe that you weren’t driving dangerously or that the evidence against you is weak, you might want to consider entering a not guilty plea. This gives you the opportunity to challenge the prosecution’s case, and in many instances, you could avoid a conviction altogether.

Why Challenge the Case?

• Weak Evidence: The prosecution may not have enough evidence to prove your guilt beyond a reasonable doubt. There could be gaps in the evidence, or key witnesses may not be available.
• Trial by Jury: If you plead not guilty and the case is sent to the Crown Court, you'll have the option of trial by jury. The acquittal rate in the Crown Court is generally higher than in the magistrates' court, which could work in your favor.
• Reduced Risk of Jail Time: Even if you’re ultimately found guilty, challenging the charge could still reduce the severity of your sentence compared to pleading guilty upfront.

Option 3: Negotiate a Plea to a Lesser Offence

In some cases, it may be possible to negotiate with the Crown Prosecution Service (CPS) for a plea to a lesser charge, such as careless driving. Careless driving is a less severe offence than dangerous driving, and the penalties are significantly less harsh.

What’s the Difference Between Dangerous and Careless Driving?

The key distinction between the two offences is that dangerous driving involves driving that falls far below the expected standard, while careless driving is a less severe lapse in judgment or attention. For example, dangerous driving might involve speeding through a red light at high speed, while careless driving could involve a less extreme example, like failing to notice a slow-moving vehicle.

Why Try to Negotiate a Plea to Careless Driving?

• No Jail Time: The risk of imprisonment for careless driving is minimal, even in the most serious cases.
• Shorter Disqualification: If convicted of careless driving, you may face a driving ban, but it’s likely to be shorter than for dangerous driving, and you won’t have to take an extended retest.
• More Likely to Avoid Custody: Careless driving convictions rarely result in prison sentences, so the threat of jail is significantly lower.

By negotiating a plea to careless driving, you might still acknowledge that your driving was below the expected standard but avoid the harsher penalties associated with dangerous driving.

How to Maximise Your Chances of a Positive Outcome

Regardless of which option you choose, here are some tips to help strengthen your case:

• Seek Legal Advice Early: Dangerous driving cases can be complex, and early legal advice is crucial to understanding your options and protecting your rights. A specialist motoring defence solicitor can provide valuable insight.
• Consider Mitigation: Whether you’re negotiating a plea to a lesser charge or defending yourself, presenting strong mitigation can help reduce the severity of your sentence. This might include providing character references, personal statements, or a letter of apology.
• Challenge the Evidence: If you plead not guilty, make sure to scrutinise the evidence thoroughly. Your solicitor can help identify weaknesses or inconsistencies in the prosecution’s case.

What’s Next?

If you've been charged with dangerous driving, it’s essential to understand your options and the potential consequences. Whether you choose to plead guilty, challenge the evidence, or negotiate a lesser charge, working with an experienced solicitor will help you navigate the process and achieve the best possible outcome.

At MAJ Law, we offer free initial consultations for those facing motoring offences, including dangerous and careless driving charges. Our experienced team regularly represent clients in both the magistrates’ court and Crown Court, and we’ll be with you every step of the way to ensure you make the right decisions for your case.

If you need legal advice or representation, don’t hesitate to get in touch with us. Our contact details are available below, and we’re here to help.

Contact Us

If you have been charged with dangerous or careless driving, reach out to our team for a free, no-obligation consultation. We can assess your case and offer the best advice for your specific situation.