Dangerous Driving In Scotland
Dangerous Driving in Scotland | Road Traffic Act 1988 section 2 | Trustpilot’s Top Rated Dangerous Driving Lawyer
A dangerous driving charge in Scotland is serious. A conviction can result in imprisonment, an obligatory driving ban and a requirement to pass an extended driving test before your licence can be restored. Roadtrafficlaw.com specialises in Scottish road traffic cases and represents drivers throughout Scotland. If you have been charged with dangerous driving, call 0800 048 8696 for a free initial consultation or complete our online contact form.
Dangerous Driving in Scotland: Key Points
Offence: Dangerous driving is an offence under section 2 of the Road Traffic Act 1988.
Legal test: The prosecution must prove that the driving fell far below the standard expected of a competent and careful driver and that the danger would have been obvious to such a driver.
Meaning of danger: The statutory definition covers danger of injury to any person or serious damage to property.
Maximum sentence: Ordinary dangerous driving carries a maximum of two years' imprisonment on indictment. It must not be confused with causing death by dangerous driving, which is a separate and more serious offence.
Driving ban: Disqualification is obligatory, subject to the statutory provisions, with a minimum period ordinarily starting at 12 months.
Extended test: A person convicted of dangerous driving must pass an extended driving test before the relevant disqualification ends.
Alternative verdict: In appropriate circumstances, a court may convict of careless driving where dangerous driving has not been proved.
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What Is Dangerous Driving in Scotland?
Section 2 of the Road Traffic Act 1988 (opens in a new tab) makes it an offence to drive a mechanically propelled vehicle dangerously on a road or other public place.
The meaning of dangerous driving is set out in section 2A (opens in a new tab).
For the standard test to be met:
For this purpose, "dangerous" refers to danger of injury to any person or of serious damage to property.
The test is objective. The driver's personal belief that their driving was safe does not determine whether the offence has been committed.
The Judicial Institute for Scotland describes sections 2 and 2A in these terms in its current jury guidance on road traffic offences.
Your Complete guide to Dangerous Driving in Scotland
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Read our Essential InsightsWhat Is the Difference Between Dangerous and Careless Driving?
The distinction is the degree to which the standard of driving falls below the required standard.
Careless driving under section 3 concerns driving that falls below the standard expected of a competent and careful driver.
Dangerous driving requires the prosecution to establish the higher threshold of driving that falls far below that standard, coupled with obvious danger.
This distinction can become central to a defended case.
Section 24 of the Road Traffic Offenders Act 1988 permits careless driving to be returned as an alternative verdict in relevant circumstances where the court is not satisfied that dangerous driving has been proved.
A driver may, for example, dispute that the driving reached the criminal threshold for dangerous driving without maintaining that every aspect of the driving was faultless.
Examples of Dangerous Driving
There is no single manoeuvre or speed that automatically establishes dangerous driving in every case.
Allegations can arise from conduct such as:
The court assesses the evidence and circumstances of the individual incident against the statutory test.
The label given to a manoeuvre does not decide the case.
What Are the Penalties for Dangerous Driving in Scotland?
Dangerous driving can be prosecuted on summary complaint or on indictment.
The offence carries a maximum sentence of two years' imprisonment on indictment. The maximum available sentence is lower in summary proceedings.
A financial penalty can be imposed too. The applicable maximum depends on the procedure under which the case is prosecuted.
The current Highway Code penalty table records dangerous driving as carrying up to two years' imprisonment, an unlimited fine on indictment and obligatory disqualification.
Is a Driving Ban Mandatory?
Disqualification is ordinarily obligatory following conviction for dangerous driving.
The statutory minimum is normally 12 months, subject to provisions that can affect the period in particular circumstances.
The court may impose a substantially longer ban where the facts justify it.
A sentencing court can take account of factors such as the nature and duration of the driving, the danger created and the offender's relevant record.
Questions concerning special reasons are separate from a defence to the charge. A special reason concerns sentencing consequences following conviction rather than whether the offence itself has been proved.
Will I Have to Pass an Extended Driving Test?
Yes, following conviction for dangerous driving the statutory extended-test provisions apply.
Section 36 of the Road Traffic Offenders Act 1988 (opens in a new tab) provides for disqualification until the appropriate driving test is passed in specified cases.
For dangerous driving, this means the driver must pass an extended driving test before the relevant disqualification comes to an end and the driver can regain their entitlement to drive.
The extended test requirement is separate from the fixed period of disqualification imposed by the court.
Driving before lawful entitlement has been restored can lead to a further prosecution.
Will I Go to Prison for Dangerous Driving?
Imprisonment is available for dangerous driving, but it is not accurate to tell every person charged that custody is either likely or unlikely.
Sentence depends on the individual offence and offender.
Matters that may be relevant include:
The prosecution forum matters too. The sentencing powers available in summary proceedings differ from those available when the case proceeds on indictment.
Legal advice should be based on the charge, evidence and likely sentencing forum.
Does the Scottish Death by Driving Guideline Apply?
The Scottish Sentencing Council has an approved guideline (opens in a new tab) covering statutory offences of causing death by driving.
It came into force on 16 January 2024.
It covers causing death by dangerous driving and several other offences involving a death. It does not operate as a sentencing guideline for an ordinary section 2 dangerous driving charge where nobody has died.
Material from that guideline may help explain how particularly serious driving behaviour is assessed in death cases, but it should not be presented as though it directly determines sentence for every dangerous driving prosecution.
Can a Guilty Plea Reduce the Sentence?
A guilty plea can be taken into account when sentence is determined.
In Gemmell and Others v HM Advocate [2011] HCJAC 129, the High Court of Justiciary confirmed that sentence discounting can apply to driving disqualification and penalty points.
A discount is not automatic.
The sentencing court decides whether a discount should be given and, if so, its amount. A discount cannot reduce a sentence below a statutory minimum where the law does not permit that result.
A driver should take legal advice before deciding whether to plead guilty.
Potential Defences to Dangerous Driving
The prosecution must prove the charge beyond reasonable doubt. The issues that can properly be raised depend on the facts and evidence.
The Driving Was Not Dangerous
A central issue may be whether the driving met the high statutory threshold.
The defence may accept that some aspect of the driving was open to criticism but dispute that it fell far below the required standard or created danger that would have been obvious to a competent and careful driver.
That distinction can be relevant to whether dangerous driving, careless driving or no offence has been proved.
Speed and the Surrounding Circumstances
Excessive speed can form part of a dangerous driving prosecution.
The legal question is still whether the statutory test in section 2A has been satisfied in the circumstances proved.
Road conditions, visibility, traffic, the period of driving, vehicle movements and other evidence may be relevant.
Scottish authorities including Brown v Orr 1994 SCCR 668 and Service v Daldrup 2005 SCCR 693 have considered dangerous-driving allegations involving speed.
Mechanical Defect
A sudden mechanical failure may be relevant to whether the driver's conduct meets the statutory test.
The legal position can depend on the nature of the defect, whether warning signs existed and what the driver knew or ought reasonably to have known.
Expert mechanical evidence may be required.
Sudden Medical Episode
An unexpected medical event can raise significant questions about responsibility for the driving.
The existence of a medical condition does not automatically provide a defence. Prior symptoms, diagnosis, foreseeability and medical evidence can all matter.
Notice of Intended Prosecution
Dangerous driving is among the offences to which section 1 of the Road Traffic Offenders Act 1988 can apply.
The legislation contains requirements concerning warning or service of a Notice of Intended Prosecution, together with statutory exceptions.
Receiving a notice more than 14 days after an incident does not automatically mean a prosecution is invalid.
The registered keeper position, what occurred at the roadside, the method and timing of service and any applicable exceptions must be examined.
Does Dangerous Driving Require Intent?
No specific intention to drive dangerously forms part of the standard statutory test.
This means "I did not intend to drive dangerously" is not, by itself, a defence.
The court applies the objective test in section 2A to the driving proved.
What Should I Do After Being Charged?
Preserve any evidence that may later become relevant.
Keep all police and court documents. Make a written record of events whilst your memory is clear. Preserve dashcam footage, photographs and messages, and record the details of potential witnesses.
Do not edit original recordings.
A solicitor can consider the precise allegation, available footage, police evidence, witness accounts, road conditions and any expert evidence before advising on plea or defence.
Meet Our Road Traffic Law Team
Our team focuses on road traffic law in Scotland, combining specialist knowledge with extensive courtroom experience. Meet the team behind Roadtrafficlaw.com.
Steven Farmer
Managing Director & Leading Defence SolicitorSteven graduated top of his year at the University of Glasgow and has built an extensive record defending complex road traffic prosecutions. His experience covers drink driving, speeding and other serious motoring charges.
Steven has never lost a jury trial in which he has personally represented the accused and has acted in numerous reported cases.
Graham Walker
Founder & Motoring Law PioneerGraham founded Roadtrafficlaw.com with a focus on specialist road traffic defence. During his career, he was invited to provide professional training for organisations including the Law Society of Scotland, Glasgow Bar Association and Royal Faculty of Procurators.
His principles of specialisation, legal expertise, communication and client care continue to shape the firm's approach.
Andrew Martin
Senior AdvisorAndrew studied law at the University of Strathclyde and later completed a postgraduate Master's in Human Rights Law. He joined Roadtrafficlaw.com in 2012 and is now a senior member of the team.
Known for meticulous preparation and clear, practical advice, Andrew guides clients through each stage of their road traffic case.
What Happens Next? A Step-by-Step Guide
Review the allegation
Check the police paperwork, Notice of Intended Prosecution and any court documents to understand exactly what is alleged.
Preserve the evidence
Keep dashcam footage, photographs, messages and witness details. Make notes about the incident whilst events remain clear.
Get specialist legal advice
A solicitor can assess the prosecution evidence and whether the driving meets the legal test for dangerous driving.
Decide your plea
Once the evidence has been considered, you can make an informed decision about pleading guilty or contesting the charge.
Prepare for court
If the charge is contested, your solicitor can prepare the defence, examine witnesses and challenge the prosecution evidence where appropriate.
Court decision and sentence
If convicted, the court will determine the sentence. Dangerous driving ordinarily carries a driving ban and an extended driving test, with further penalties available depending on the case.
Frequently Asked Questions
What is the test for dangerous driving in Scotland?
Driving must fall far below the competent and careful driver standard, with danger obvious to such a driver.
Is a ban mandatory for dangerous driving?
Disqualification is ordinarily obligatory, with a minimum period normally starting at 12 months.
Do I have to take an extended driving test?
Yes. A dangerous driving conviction requires the driver to pass the prescribed extended test before regaining entitlement to drive.
Can dangerous driving be reduced to careless driving?
Careless driving can be available as an alternative verdict where the higher dangerous-driving test has not been proved.
Can I go to prison for dangerous driving?
Yes. Ordinary dangerous driving carries a maximum of two years' imprisonment on indictment.
What to do next
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