Dangerous Driving in Scotland: Could Wrong-Way Driving Lead to a Charge?
Recent reports in The Herald have highlighted wrong-way driving by motorists being prosecuted after driving the wrong way on motorways, however similar incidents can occur on dual carriageways, rural roads, urban streets and at complicated junctions throughout Scotland.
Driving on the wrong side of the road can create an extremely serious risk to other road users.Depending on the circumstances, a driver could face a prosecution for careless driving or dangerous driving in Scotland. If dangerous driving causes someone’s death, a driver could potentially face a charge of causing death by dangerous driving.
For anyone facing a dangerous driving charge in Scotland, the precise circumstances of the incident and the evidence available can be extremely important.
Dangerous Driving in Scotland: Key Points
- Wrong-way driving can potentially result in a dangerous driving prosecution.
- Driving on the wrong side of the road is not automatically dangerous driving.
- The circumstances and standard of driving will be important.
- Dangerous driving can result in disqualification and imprisonment.
- If someone dies as a result of dangerous driving, a much more serious prosecution may follow.
When Can Wrong-Way Driving Become Dangerous Driving?
Driving on the wrong side of the road does not automatically mean that a motorist will be convicted of dangerous driving.
The question is whether the driver’s conduct amounted to the level of driving required for a dangerous driving offence in Scotland.
A motorist who deliberately travels against the flow of traffic at speed, particularly where other road users are placed at obvious risk, could face a very serious allegation.
However, there may be very different circumstances where a driver makes a genuine mistake at a junction, becomes confused or realises the error almost immediately.
The prosecution and court will consider the overall standard of driving and the risk created for other road users.
Important factors can include:
- How the vehicle came to be travelling in the wrong direction
- How long the driver continued in that direction
- The speed of the vehicle
- Whether the driver realised what had happened
- Whether the driver attempted to stop or correct the error
- Whether there were near misses or collisions
- Whether alcohol, drugs or fatigue were involved
- The road, traffic and visibility conditions
Wrong-Way Driving Can Happen on Any Road
Motorways may present particularly obvious dangers because of the speeds involved, but wrong-way driving in Scotland is not limited to motorways.
Similar incidents can occur on dual carriageways, rural roads, urban streets and at road junctions.
A driver may accidentally enter the wrong lane, turn into the wrong carriageway, misunderstand a junction or become confused by temporary traffic arrangements.
The fact that the incident happened on an ordinary road rather than a motorway does not prevent a dangerous driving prosecution.
What matters is the standard of driving and the circumstances in which the incident occurred.
What Is the Difference Between Careless and Dangerous Driving?
This distinction can be extremely important when defending a road traffic prosecution.
Careless driving concerns driving that falls below the standard expected of a competent and careful driver.
Dangerous driving is more serious. 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.
Consequently, an allegation that a motorist drove on the wrong side of the road does not by itself answer the question of whether the appropriate charge is careless or dangerous driving.
The surrounding circumstances and evidence need to be examined carefully.
What If Someone Is Seriously Injured or Killed?
Causing Death by Dangerous Driving
If dangerous driving causes the death of another person, the driver could potentially face a charge of causing death by dangerous driving.
This is an extremely serious criminal offence which can result in a substantial prison sentence and a significant driving disqualification.
However, the fact that a person has died does not automatically establish guilt.
The prosecution must still prove the necessary elements of the offence, including the relevant standard of driving and the connection between the dangerous driving and the death.
The circumstances leading up to the collision, the driver’s actions and the available evidence will therefore require careful examination.
What Evidence Is Important in a Dangerous Driving Case?
If you are accused of dangerous driving following a wrong-way driving incident, the evidence should be examined carefully.
- CCTV and roadside camera footage
- Dashcam recordings
- Police body-worn video
- Witness statements
- Vehicle and speed evidence
- Road layout and signage
- The driver’s account of what happened
This evidence can help establish exactly what happened and may be important when determining whether the circumstances support a charge of careless driving or the more serious offence of dangerous driving.
What Are the Penalties for Dangerous Driving in Scotland?
A dangerous driving conviction in Scotland can have serious consequences.
Depending on the circumstances, the court can impose a lengthy period of driving disqualification, and imprisonment. A conviction can also have significant consequences for employment, particularly where a person’s job depends upon their driving licence.
Where the case involves a fatality, the potential consequences are considerably more serious.
This is why anyone facing a dangerous driving charge should obtain specialist legal advice as soon as possible.
Facing a Dangerous Driving Charge in Scotland?
If you have been reported for dangerous driving following an incident on a motorway, dual carriageway or ordinary road, you should obtain specialist legal advice as soon as possible.
This is particularly important if there has been a collision, serious injury or fatality, or if your driving licence is essential to your employment.
At Roadtrafficlaw.com, we specialise exclusively in road traffic law and defend motorists facing serious road traffic prosecutions throughout Scotland.
Our solicitors represent motorists facing allegations including dangerous driving, causing death by dangerous driving, careless driving and other serious road traffic offences.
Frequently Asked Questions About Dangerous Driving in Scotland
Is driving on the wrong side of the road automatically dangerous driving?
No. The circumstances of the incident must be considered however it would be the most common charge, particularly when there has been a collision.
Can I be prosecuted for dangerous driving if nobody was injured?
Yes. A collision or injury is not required. A prosecution can arise where the manner of driving itself satisfies the legal test for dangerous driving.
What happens if someone dies?
Where dangerous driving causes the death of another person, a driver could potentially face a charge of causing death by dangerous driving. This is a very serious offence carrying the possibility of imprisonment and a substantial driving disqualification.
Should I get a solicitor for a dangerous driving allegation?
Yes. Dangerous driving is a serious criminal offence with potentially significant consequences for your driving licence, employment and liberty. Specialist legal advice should be obtained as early as possible.
