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Dangerous Driving Questions In Scotland
Dangerous Driving will attract a Mandatory minimum ban of 12 months and an order to sit an extended driving test. It may even mean forfeiture of your car.
A person charged with Dangerous Driving in Scotland faces a complex and serious area of law. 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 at our Dangerous Driving Services page.
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.
e-Book
Our e book on dangerous driving in Scotland provides details on the law and the court procedure in Scotland and provides you with a full and free guide to all you need to know on this subject, if you are facing a ban in Scotland.
Use our e-book as a guide but it is NEVER a substitute for legal advice therefore please feel free to call for follow up advice. (For free) and we shall be pleased to provide you with a case consultation specific to your facts and circumstances. You can always email Steven Farmer at sf@roadtrafficlaw.com or Andrew Martin at am@roadtrafficlaw.com with your queries.
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