Dangerous Driving in Scotland | Road Traffic Act 1988 section 2 | Trustpilot’s Top Rated Dangerous Driving Lawyer
Dangerous Driving In Scotland: the Key Points
| Section | Summary |
|---|---|
| Definition | Section 2 of the Road Traffic Act 1988: Driving that falls far below the standard expected of a competent and careful driver. |
| Examples | Grossly excessive speeding, racing, aggressive overtaking, or ignoring traffic signals. |
| Penalties | A mandatory minimum 12-month driving ban, up to 2 years’ imprisonment, and an unlimited fine. |
| Court Proceedings | Cases are typically prosecuted in the Sheriff Court with serious consequences if convicted. |
| Impact on Licence | Includes mandatory disqualification and requirement to re-sit an extended driving test. |
| Defences | May involve challenging the evidence, disputing intent, or showing a lesser standard of fault. |
You can also Jump to FAQ section at the bottom of the page to read some Frequently Asked Questions on Dangerous Driving.
What is the offence of Dangerous Driving In Scotland
Dangerous Driving in Scotland is an offence in terms of the Road Traffic Act 1988 section 2.
Dangerous driving occurs when:
- the driving 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 driving in that way would be dangerous.
- Dangerous means danger either of injury to any other persons or serious damage to property
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Circumstances of which the accused was aware, or should have been aware, can also be taken into account. Driver behaviour is what is important, not what the driver believes to be dangerous driving or not. Thus someone may be committing the offence even though they honestly believe they are driving safely. Examples of dangerous driving can include:
- incidents arising from reckless overtaking
- road rage
- driving at grossly excessive speeds for the road or road conditions
- aggressive driving such as tailgating
If a court is not satisfied that the legal test for dangerous driving has been met, it can convict the accused of the lesser offence of careless driving:
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Penalties
Obligatory Disqualification
Disqualification from driving is obligatory unless there are special reasons not to do so. The minimum disqualification is 12 months. The court can impose a longer disqualfication if it considers that the circumstances and/or the record of the accused merit it.
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Extended driving test
The court must require the convicted person to sit the extended test. There is no discretion. Resumption of driving prior to this can result in a prosecution under section 103 of the Road Traffic Act 1988 for driving while disqualified.
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Other penalties
Disqualfication is not the end of the matter if convicted of Dangerous Driving in Scotland. The potential penalties are:
- Fine of up to £10,000
- Alternative to a custodial sentence such as unpaid work in the community
- Maximum of 12 months imprisonment if prosecuted on summary complaint
In all cases an early plea of Guilty will attract a discount to the length of disqualification and accompanying penalty.
Case Law:
- Gemmell and Others v HMA 2011 HCJAC 129: amongst other things, determined that discount should apply to “driving” penalties such as the amount of penalty points or the length of the disqualification. Prior to Gemmell, the discount did not apply to the driving penalty. The discount cannot result in less than 12 months disqualification being imposed.
Will I go to prison for dangerous driving?
Probably not. The vast majority of cases are dealt with by a fine. Factors which may increase the possibility of a custodial sentence include:
- the seriousness of the offence such as deliberately aggressive driving for a prolonged period
- the record, including the driving record, of the accused
- other circumstances relevant to the accused
The Scottish Sentencing Guidelines for causing death by dangerous driving highlight the kinds of factors which can increase (or decrease) the seriousness of the offence.
Factors which can increase the seriousness of the offence include:
- Prolonged or deliberate course of aggressive driving, showing a disregard for the safety of others
- Racing
Factors in the lowest category include:
- A single dangerous manoeuvre
- Excessive speed for the road/conditions
- Driving while knowingly deprived of rest
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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.
Potential Defences to a Dangerous Driving Charge
There are numerous potential defences to a Scottish dangerous driving charge. These may include:
Standard of driving not far below that of a careful and competent driver:
- Explanation: The prosecution must prove that your driving fell far below the standard expected of a careful and competent driver
- Defence: Although your driving may meet the test for careless driving, it does not meet the test for dangerous driving for various reasons
Mechanical defect or sudden medical issue:
- Explanation: A sudden and unexpected vehicle fault or medical episode may have impaired your ability to drive safely.
- Defence: If you had no warning of a mechanical issue or medical condition, you may not be at fault. The law requires gross negligence, not unavoidable accidents.
Speed alone is not enough:
- Explanation: Scottish dangerous driving charges are often based on little more than excessive speed
- Defence: There is no piece of legislation or case law which states that driving at excessive speed – even grossly excessive speed – is necessarily dangerous driving. There usually requires to be something more. Even then, it remains a matter of fact and degree
Case Law:
- Brown v Orr 1994 SCCR 668
- Service v Daldrup 2005 SCCR 693
Legal Defences
- Explanation: in many cases, a successful prosecution requires a timeous warning to be given or served on the accused
- Defence: Accused proves they were is neither warned at the time or received a Notice of Intended Prosecution within 14 days
Authorities:
- Road Traffic (Offenders) Act 1988, section 1
- PF Aberdeen v David Dalgarno [2011] HCJAC 44
Charged With Dangerous Driving in Scotland – What do I do now?
Dangerous Driving in Scotland is a serious charge. Any evidence that you can ingather quickly is a good idea. This includes:
- Make notes while the incident is still fresh in your mind
- Take photographs or video of the location or any damage
- Note the contact details of any witnesses
- Obtain legal advice as quickly as possible. 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 Instruct Us for your case?
Reason 1 – We Are The Pioneers
Other firms also claim this. But see when the domain was registered to see how long the firm have actually been online. Our domain was registered in 2001. We believe we were registered years in advance of any rival firm. We are invited, founder members of the Association of Motor Offence Lawyers.
Reason 2 – Our Statistics
We base our success rate on 1000 independently analysed cases chosen at random. We have secured acquittals in cases as diverse 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 out
Dangerous Driving Case Outcomes
Reason 3 – Our Independent Reviews
All of our quoted reviews are reviews posted on independent review sites such as Trustpilot and Review Solicitors.
Reason 4 – Our Fixed Fee
We guarantee a Fixed Fee. It does not change no matter how often we need to attend court. There is no small print. There are no hidden costs.
Reason 5 – Nationwide Representation
Although our offices are in Glasgow, we regularly defend motorists in every Court in Scotland. On any given month, our solicitors appear in courts across the country, including Aberdeen, Dumfries, Edinburgh and Paisley. Wherever your case is being heard, we have the experience and resources to represent you effectively.
Frequently Asked Questions (FAQs)
Q: How serious is a dangerous driving conviction in Scotland?
A: Its very serious. A conviction carries a minimum 12-month driving ban, mandatory extended driving test, potential fine up to £5,000, and possible imprisonment up to 6 months. In more severe cases, jail of up to 2 years may be imposed.
Q: Does driving experience influence a dangerous driving verdict?
A: No. The same standard applies to Lewis Hamilton as you. The court applies an objective test, asking whether the driving fell far below what would be expected of a careful and competent driver.
Q: There were no witnesses. How can they say my driving was dangerous?
A: Without eye witnesses, the prosecution has a more difficult task. However, the surrounding facts and circumstances may mean certain inferences can be drawn.
Q: Is there a time limit to commence a dangerous driving prosecution?
A: No. Unlike most driving offences, dangerous driving has no time limit. Papers will typically arrive within a year.
Q: Will my insurance premium increase if I am convicted of dangerous driving?
A: When you come to renew your insurance at the end of your ban, yes it will almost certainly be substantially increased. Although the conviction stays on your driving record for 4 years, insurers may ask you to declare it for longer, like 5–7 years.
In all cases, whether you intend to plead Guilty or Not Guilty, it is absolutely essential that your solicitor is capable and experienced. Detailed knowledge of the relevant case law and sentencing guidelines is also essential. We specialise in these types of cases. Get in touch now:
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