Dangerous Driving In Scotland

Dangerous Driving In Scotland | Road Traffic Act 1988 Section 2

94% Success Rate – Trustpilot’s Top Rated Road Traffic Law Specialist

Click to Call 0800 048 8696 Now


Dangerous Driving In Scotland

Dangerous Driving in Scotland is an offence in terms of the Road Traffic Act 1988 section 2. Full details on the relevant legislation, police procedure, court procedure, notices of intended prosecution, penalties and defences can be found in our “learn more about Dangerous Driving in Scotland” boxes below as we appreciate not everyone wishes to scroll through screeds of text, particularly if you are viewing this page on your mobile phone. A few things, however, are worth mentioning immediately. The Road Traffic Act 1988, section 2A  provides that the prosecution must prove that the driving fell far below what would be expected of a competent and careful driver AND it would be obvious to a competent and careful driver that driving in that way would be dangerous. The law further clarifies what “dangerous” means and specifies that it refers to danger either of injury to any other persons or serious damage to property.

Circumstances of which the accused was aware, or should have been aware, can also be taken into account. It is irrelevant, however, to a dangerous driving charge in Scotland whether the driver intended to drive dangerously. Driver behaviour is what is important, not what the driver believes to be dangerous driving or not. Thus someone may be committing a Dangerous Driving in Scotland offence even though they honestly believe they are driving safely. Dangerous driving charges often result from incidents such as collisions, accidents and road rage. Accordingly, a person who causes a road traffic accident whilst, for example, talking on a mobile phone may be charged with the offence. By the same account, however, someone unintentionally driving at an extremely high speed may, depending on the surrounding circumstances be commiting the offence of Dangerous Driving in Scotland.

Learn more about Dangerous Driving in Scotland

There are several pieces of legislation covering charges of Dangerous Driving in Scotland. Section 2 of the Road Traffic Act 1988 creates the main offence. It simply states that driving dangerously (in a public place) is an offence. Section 1A covers the recently created offence of causing serious injury by dangerous driving. This is basically where the allegedly dangerous driving has resulted in "severe physical injury" to a person other than the accused. Finally the most serious charge of all is section 1 of the same act which is causing death by dangerous driving. We have a separate page for this offence here.

What is Dangerous Driving in Scotland?

None of the above sections define what Dangerous Driving in Scotland actually is. The statutory meaning is found in section 2A of the 1988 Act. This crucial section states that dangerous driving occurs if, and only if, the driving falls far below the standard expected of a competent and careful driver. Furthermore it must be obvious to such a driver that driving in that way would be dangerous. The law further clarifies what "dangerous" means and specifies that it refers to danger either of injury to any other persons or serious damage to property. Thus, for example, driving at a very high speed in a built up area could result in danger of injury to other road users (including pedestrians) or to property. Circumstances of which the accused was aware, or should have been aware, can also be taken into account.

The effect of this legislation is that there is no one type of Dangerous Driving in Scotland. However if you find yourself charged with Dangerous Driving in Scotland it may involve an allegation such as:

  • racing or aggressive driving such as tailgating or undertaking
  • driving at grossly excessive speeds for the road or road conditions
  • ignoring traffic lights, road signs or warnings from passengers;
  • overtaking dangerously;
  • driving under the influence of drink or drugs, including prescription drugs;
  • driving when unfit, including having an injury, being unable to see clearly, not taking prescribed drugs, or being sleepy;
  • knowing the vehicle has a dangerous fault or an unsafe load;
  • the driver being avoidably and dangerously distracted, for example by:
    • using a hand-held phone or other equipment
    • reading, or looking at a map
    • talking to and looking at a passenger
    • lighting a cigarette, changing a CD or tape, tuning the radio.

Probably the final piece of important legislation, other than those relative to penalties which we cover separately,  is section 24 of the Road Traffic (Offenders) Act 1988. This provides that anyone charged with Dangerous Driving in Scotland can be convicted of the lesser charge of careless driving. This can occur in one of two ways. A plea can be negotiated to the lesser charge prior to trial. Alternatively, after hearing the evidence, the sheriff may conclude that only the test for careless driving has been met. In many cases, a reduction in the charge can be considered a successful outcome to the case, particularly if accompanied by deletions of elements which make up the charge. An accused person always needs to be aware, however, that disqualification remains an option open to the court in such a case. Whether a plea reduction should be negotiated will depend very much on the circumstances of the case.

Police Procedure - Charge of Dangerous Driving in Scotland

If the police have witnessed the incident directly, the most likely outcome is you will be cautioned and charged before being informed a report will be sent to the Fiscal and released. If, however, you are involved in a road traffic accident the police may wish to interview you under caution if they feel that there is a reasonable suspicion you have committed an offence. Offences can include driving without due care and attention, careless or inconsiderate driving and in more severe cases dangerous driving In effect it will depend on the precise circumstances as to which offence (if any) is most appropriate. Essentially in evaluating any charge the police will want to assess how far below the standard of the reasonable competent driver your standard of driving fell. Very often the police will want to interview you as a voluntary attendance. This means that they do not plan to arrest you. Having said that if you refuse to attend on a voluntary basis they may decide to arrest you in order to carry out the interview. In this event you will be entitled to free representation at the police station by either the local Duty Solicitor or a solicitor of your choice. Like most things in life it is wise to research the firms who offer their services and see if they satisfy your requirements. The internet provides a great starting point but there is no substitute for personal recommendation.

Dangerous driving in Scotland is an arrestable offence. This means, in theory, a driver can be arrested, kept overnight in police custody and brought to court the next day. In practice, however, this very rarely happens. A driver will usually be released and informed that the matter is being reported to the Procurator Fiscal. The case can then proceed in one of two ways - on summary complaint or on petition. Summary complaint is where the case is heard in front of a single judge (if charged with Dangerous Driving in Scotland this means a Sheriff). Petition is where the case is very serious and will be determined by a jury. Cases involving death will always be on petition. Cases involving serious injury may be on petition. The vast majority of cases, however, will be on summary complaint.

If you have been charged with Dangerous Driving in Scotland, the most usual way for a case to begin is for you to be served with case papers. These are sometimes sent in the post and sometimes hand-delivered by the police. The papers will contain a "complaint", a "summary of evidence" and a "citation"

The complaint is the charge against you. The summary of evidence is, surprisingly enough, a summary of the evidence. This is sometimes very brief.  Finally the citation informs you of the date for your pleading diet, which is the first time your case will call in court. There is no time limit if you are charged with Dangerous Driving in Scotland. It is not unusual for case papers to arrive almost a year after the initial incident.

The Pleading Diet

If you are charged with Dangerous Driving in Scotland, the first court appearance is the pleading diet. At this time, an accused person can tender a plea of Guilty or Not Guilty.  In theory you can  tender a written plea of Guilty if charged with Dangerous Driving in Scotland. However the court will not deal with the case in your absence. Instead your Guilty plea will be recorded and sentence on you will be deferred (i.e. delayed) for your personal appearance.  You would receive a letter from the court ordaining (ordering) you to attend on a specified date and time. We would urge you to contact a lawyer before tendering a plea of any kind. In our experience, many people plead Guilty to a charge of Dangerous Driving in Scotland without realising the extent of the charge against them or the potential seriousness of the consequences. This is particularly true where the basis of the charge is grossly excessive speed. Many people plead Guilty thinking they are pleading guilty to the (much less serious) charge of speeding. Although it may be possible to wthdraw this Guilty plea, it is better not to have the situation arise in the first place.

Assuming you are present in court and have pleaded Guilty, the case will usually be dealt with there and then by a disqualification from driving and a fine (see our "Penalties" section below). In particularly serious cases, however, or where the accused has a significant criminal record/poor driving record, the Sheriff may defer sentence fro approximatley four weeks to obtain background reports on you. You will also be disqualified from driving with immediate effect but the length of the ban will be determined at the subsequent hearing (again see our "Penalties" section below).

Your other option, of course, is to plead Not Guilty.Generally speaking, your plea of Not Guilty can be tendered by you or your solicitor in writing. Two further dates will then be set for your case called the intermediate diet and the trial diet. The timescale involved varies from court to court but, as a rough guide, expect a trial to be scheduled 3-4 months later.

Intermediate Diet

The intermediate diet is a short procedural hearing. The accused person is ordinarily expect to attend court. The purpose of the intermediate diet is fourfold. First it is to make sure that there is no change of plea or resolution of the case with a plea to an amended charge such as careless driving. Second it is the time to intimate any "special defences". If charged with Dangerous Driving in Scotland, the most obvious special defences are the closely-linked defences of necessity and coercion. An obvious example of necessity is driving in response to a genuine emergency. We say more about this in our "defences" section below.  Third, it is to ensure that disclosure of the evidence has been effected. This cuts both ways. If, for example, the defence is relying on an expert report it should be provided to the Crown before or at the intermediate diet. The final purpose of the intermediate diet is to make sure that both sides are ready for trial. If either side needs additional preparation time because, for example, disclosure was late or has a witness difficulty, then the purpose of the intermediate diet is to bring this to the attention of the court. In these circumstances either side is entitled to request an adjournment (delay) of the trial to a later date.

Trial Diet

The trial diet is the forum at which evidence is led and the case argued.

If you have been charged with Dangerous Driving in Scotland and the matter proceeds to trial then a set format occurs. The Crown must prove the case against you beyond reasonable doubt. There is no obligation upon an accused person to give evidence himself or indeed to lead any evidence at all. The burden of proof lies entirely with the Crown. The Crown therefore always leads its own witnesses first. The Procurator Fiscal calls witnesses one at a time and asks questions about the incident. These witnesses are then cross-examined by the defence. The prosecution can then clarify any points raised in cross-examination. This process is repeated until all witnesses have been called. Any other evidence relied upon by the Crown, such as CCTV will also be played.

After it has led all its evidence the Crown will close its case. If the defence does not consider that the Crown has led insufficient evidence to prove the case then it is entitled to make a submission of "no case to answer". In the context of a person charged with Dangerous Driving in Scotland, this means a lack of sufficient evidence in relation to careless driving as well. If this submission is successful then the accused is acquitted and the trial ends. If it is unsuccessful, or no submission is made, it is the turn of the defence to lead evidence.

A number of things can happen at this stage. The defence may lead no evidence at all. If this is the case, the next stage is legal submissions. The argument made by the defence is that the Crown's evidence is not of sufficient quality for the court to convict of dangerous driving. This is separate and distinct from there not being enough evidence as in a submission of no case to answer. The question is one of quality rather than quantity. On the other hand the defence may wish to lead evidence. In the context of a person charged with Dangerous Driving in Scotland this will usually be the accused and/or any other witnesses such as passengers in the accused's car or expert witnesses instructed by the defence. 

Once all evidence has been led, the defence will then close its case. Both sides then make legal submissions to the court. The defence is entitled to speak last. There are four possible verdicts if someone is charged with Dangerous Driving in Scotland. They are (1) Guilty; (2) Not Guilty; (3) Not Proven and (4) Guilty but only to careless driving. If you are found Guilty of either dangerous driving or careless driving then the matter will proceed to sentence.


A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides:

1. Requirement of warning etc. of prosecutions for certain offences.

(1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless—
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
1A) A notice required by this section to be served on any person may be served on that person—
(a) by delivering it to him;
(b) by addressing it to him and leaving it at his last known address; or
(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.
(2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.
(3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.
(4) Schedule 1 to this Act shows the offences to which this section applies.

Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. The warning at the time does not require a specific form of wording so long as the meaning is clear. It is settled, therefore, that being charged with dangerous driving at the time of the incident will also fulfil the purpose of a “section 1 warning”. In practice the police will usually do both – provide a verbal warning of intent to prosecute and caution and charge the driver. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Such a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). So, for example, someone is seen by civilians driving in an allegedly dangerous manner. The civilians report the matter to the police who visit the accused 10 days later. In those circumstances a verbal warning will not suffice. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Moreover you can only be successfully prosecuted if you are warned for the correct offence. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former.

It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. The main exception is if there is an accident. In those circumstances there is no need for a warning. “Accident” is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. However it is clear that something of real significance must occur. Near misses may constitute accidents but it will depend on the precise nature of the event. It should also be noted that the burden of proof lies with the accused. It is for the accused to prove that he did not receive a warning (or the correct warning). In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination.

The law surrounding Dangerous Driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought.

The potential penalties for a person charged with Dangerous Driving in Scotland are serious.

Obligatory Disqualification

Section 34 of the Road Traffic (Offenders) Act 1988 makes clear that disqualification from driving is obligatory unless there are special reasons not to do so. The same section also provides that the minimum disqualfication is 12 months. It must be made clear that this is the MINIMUM penalty. The court is perfactly entitled to impose a longer disqualfication if it considers that the circumstances and/or the record of the accused merit it.

Extended driving test

In practice, even if the minimum period of disqualfication is imposed, a person convicted of Dangerous Driving in Scotland faces a longer period of disqualification. This is because he must also pass an extended driving test before removal of the disqualification. We have had cases in the past where clients have failed to take this test and simply resumed driving once the time period for disqualificaiton had elapsed. This is a very serious error of judgement and will result in a prosecution under section 103 of the Road Traffic Act 1988 for driving while disqualified. It is clear from the terms of section 36 of the Road Traffic (Offenders) Act 1988 that the court must require the convicted person to sit the extended test. There is no discretion in this regard.

Other penalties

Disqualfication is not the end of the matter if convicted of Dangerous Driving in Scotland. The most usual penalty to accompany the disqualification is a fine of up to £10,000. The size of the fine will be determined by the means of the accused and also the seriousness of the contravention. In some cases, however, the court may determine that a fine is not a suitable punishment. In some cases, the court may decide that a period of imprisonment is appropriate. Schedule 2 of the Road Traffic (Offenders) Act 1988 provides for a maximum of 6 months imprisonment if prosecuted on summary complaint or 2 years if prosecuted on indictment. Whether a period of imprisonment is imposed will be determined by both the seriousness of the offence and the record of the accused. A person with previous convictions for dangerous driving (or other serious offences) can consider themselves at risk of a period of imprisonment. It is not impossible that even a first offender may face the possibility of imprisonment if the contravention is particularly serious. Examples of this would be deliberately aggressive driving to a very poor standard or driving or even driving at extremely high speeds. For recent views on this issue see here.

Penalties if convicted of careless driving

As we have stated, it is always open to the court to convict of the lesser charge of careless driving. For what may happen in such circumstances, see here.

Special Reasons

If the court finds that there are special reasons not to disqualify a person convicted of Dangerous Driving in Scotland, it can instead impose between 3-11 points. Alternatively the court can impose a shorter period of disqualfication than the mandatory minimum. It may seem confusing to speak of a "mandatory" minimum on the one hand and alternatives to this on the other. It needs to be understood that special reasons apply strictly to the circumstances of the offence rather than the circumstances of the offender. It is irrelevant, therefore, that a person may suffer very real hardship if disqualified from driving. That is simply a price that has to be paid. On the other hand, if the offence was only committed for a particular reason, it may be possible to avoid disqualification. The most obvious example is driving in response to a genuine emergency. Even if such an emergency is established, it is not a foregone conclusion that special reasons will be found. The court still has to balance the emergency with the possibility of reasonable alternatives open to the driver. Similarly the court has a duty to consider any risk to public safety casued by the driving. You can read more about special reasons here.

This page is currently being updated. Please bear with us.


Dangerous Driving in Scotland – Advice

Essentially, as Dangerous Driving in Scotland is a serious charge, it is a good idea to make detailed notes as soon as possible after the incident while events are still fresh in your mind. In addition to this photographs of the location or any damage, details of lighting and weather conditions and contact details of any witnesses are always useful in the event the case proceeds to trial. Finally, it should be noted that if the evidence against you is overwhelming it may be advisable to plead guilty in order to maximise your credit and minimise the penalty. It can also be worthwhile demonstrating to the court that you acknowledge that your driving skills need to be assisted. If, on your own initiative, you attend for advanced driving training or some such course then the court are likely to take the view that at least you have learned from your experience and that you have tried to address what you recognise as a lack of skill or training. Whatever you do it is always advisable to obtain legal advice from a reputable solicitor, particularly one who specialises in road traffic law. We provide a free case a FREE case consultation either online or by telephone. You need to assess not only your case prospects but the ability and skills of the law firm that you intend to instruct. Please check out what some of our clients have been kind enough to write about our firm at conclusion of their cases.

Why Choose Us?

We offer FREE online advice and we urge you to contact us as soon as possible if you have been charged with Dangerous Driving in Scotland. if convicted of Dangerous Driving in Scotland, the best case scenario is a mandatory 12-month disqualification from driving and a substantial fine. In some cases a conviction can result in a jail sentence, even when the charge is brought in relation to speed alone. Over the years of defending people charged with this serious offence, we are pleased to say we have built up an exceptional win rate. In the recent past we have successfully defended a peer of the realm, a police officer, a fellow solicitor and the spouse of a senior Procurator Fiscal against charges of Dangerous Driving in Scotland. However we pride ourselves in defending people from all walks of life. Again in the recent past we have secured acquittals in cases such as an allegation of driving at 124mph and a father who was accused of riding his motorbike with his unsecured, non-helmet wearing 3 year old son on the seat in front of him. No matter how bad the allegation of Dangerous Driving in Scotland is, if there is a way to win the case we will find it. We often engage the services of expert witnesses if we feel they can assist.  If we cannot win the case we will do all that we can to minimise the penalty. You can see our track record by clicking the link below.

Click For Our Dangerous Driving Outcomes