Dangerous Driving

If and when you are charged with Dangerous Driving, you need expert Dangerous Driving Solicitors to provide immediate advice and legal representation. ‘Dangerous Driving Offences’ are the most serious of motoring offences that can often lead to custodial sentences not to mention driving bans and heavy financial penalties.

We are specialist Dangerous Driving Solicitor and has team at Motoring Offence Solicitors are a leading UK driving offence and criminal law defence practice with over 5 years experience in Road Traffic & Driving Law.

Dangerous driving is that which falls far below the standard of a competent and careful driver.  The court will have to be satisfied that the driving is reckless.

Examples of cases in which we have been involved include:

    1. Driving through red traffic lights and colliding with a vehicle which had right of way
    2. Driving at speeds over 130 mph on the motorway
    3. Driving under the influence of drink the wrong way round a roundabout
    4. Attempting to overtake several vehicles and colliding with an oncoming vehicle
    5. Driving at speed through a residential area whilst being pursued by the police
    6. Pursuing a victim in a road rage incident and losing control of the vehicle causing injury
    7. Racing at speed
    8. Driving a vehicle in a dangerous condition
    9. Cases involving death or serious injury

As dangerous driving cases are so serious, even when nobody is seriously injured or dies, they can be heard in either the Magistrates Court or Crown Court. If found guilty the maximum penalties for dangerous driving are as follows:

    1. Minimum 1 year driving ban (obligatory)
    2. Compulsory re-test
    3. Unlimited fine
    4. 2 years in prison

An extended retest will involve obtaining a provisional licence and then taking a more detailed and extensive driving test.  The extended driving test lasts for just over an hour compared with a normal test which lasts about 40 minutes.

The extended driving test will include:

    1. Emergency stops
    2. Parking including reverse parking
    3. Strictly observing speed limits
    4. Reversing
    5. Three point turns  

In cases of causing serious injury by dangerous driving or causing death by dangerous driving  the penalties are greater.

In order to find a defendant guilty of dangerous driving the prosecution must prove that:

    • They drove well below the way a competent and careful driver would drive
    • It would be obvious to a competent and careful driver that driving in that way would be dangerous

The offence of dangerous driving must be distinguished from the less serious offence of careless driving. This is because to be guilty of dangerous driving the standard of driving has to fall way below the standard of a competent driver.

It can be difficult sometimes for the prosecution to distinguish between dangerous and careless when it comes to the standard of the driving. Obviously the prime aim of our defence is to secure an acquittal for the defendant, but if this is not possible, we would use every effort to have the level of charge brought as low as possible.  This is where a skilled solicitor can argue that, for example, the driving was not dangerous, merely careless which can significantly reduce the penalties given.

In December 2012, the offence of causing serious injury by dangerous driving was introduced by giving courts the power to hand out heavier punishments to those convicted of the most serious of driving charges – with the exception of causing death. Parliament decided that a more focussed approach which targets offences with a specific set of circumstances was needed. This would create a middle ground between the lesser charge of dangerous driving and causing death by dangerous driving, and conviction in these cases will result in heavier penalties which reflect the severity of the injuries caused.

The court has the power to impose a maximum custodial sentence of up to five years’ imprisonment together a level 5 fine and mandatory disqualification period of two years’ or more (unless exceptional circumstances are taken into consideration to not disqualify. Furthermore, those convicted will have to undertake an extended retest. If you are facing a charge of causing serious injury by dangerous driving, you should enlist the services of a motoring offence specialist immediately or your chances of securing a more favourable outcome will significantly diminish. 

If you are facing a dangerous driving offence it is vitally important you are legally represented as early as possible. With a wealth of experience in these types of driving offences, Briton Solicitors can help you and present a case that will allow the Courts to deal with you in the fairest way possible. Your chances of a better outcome are increased when you have an experienced motoring offence solicitor representing you.

    1. We can help to alleviate all the worry and anxiety that facing an offence of dangerous driving can cause by giving free initial advice.
    2. We can support you even before you are charged by providing representation at a police interview.
    3. We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
    4. We will keep you informed every step of the way.
    5. We will answer all of your questions and concerns.
    6. We ensure that you get the best representation in court because we only used advocates we know and trust.
    7. If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert representation to secure the best result possible
    8. We will listen and support you all the way without extra charge
    9. We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.

A dangerous driving offence is one which can be heard either in the Magistrates Court or the Crown Court.

Your first appearance would be at the Magistrates Court where you will be asked what your plea is if it is a guilty plea the court will decide whether their sentences powers are sufficient if they think your case is so serious they will send your case to the Crown Court.

If it is a Not Guilty plea they will decide whether your case can be heard in the Magistrates Court or the Crown Court. Representations can be made on your behalf but the court will take the prosecution case at its highest and make their decision on the facts presented by the Crown Prosecution Service. If it is serious it is likely that they will send your case to the Crown Court for trial.

If they decide that it is suitable to be dealt with by the Magistrates Court they will ask you where you want it to be heard. You can either choose the Magistrates Court or elect the Crown Court for your trial to be heard.

Your case will then be adjourned for your trial either in the Magistrates or to a Plea and Trial management hearing in the Crown Court where it will then be set down for trial.

The procedure is complicated and there are difficult decisions for you to make. This is why you need expert dangerous driving specialists to help you through this process and ensure that you are making the decisions which are right for you.

Sometimes drivers know that what they have done was dangerous. Sometimes they think it was dangerous but actually it could fall within a definition of careless driving. Others feel they have not committed any offence at all.

You need to obtain advice from a solicitor who is an expert in dangerous driving as early as possible in the proceedings. Dealing with the Crown Prosecution Service can be extremely frustrating particularly when trying to get physical evidence such as CCTV. We are persistent and ensure that every piece of evidence is examined. If necessary we get experts to analyse CCTV. We keep your case under constant review.

We will go through any possible defence establishing what evidence we can use to corroborate your version of events.

After considering all of that we will be able to give you advice on your options and your chances of success if you were to go to trial

Call one of our specialist dangerous driving solicitors for free initial advice.

Dangerous driving is a serious offence with heavy penalties so you should not leave anything to chance. Contact a specialist solicitor straight away to discuss your options and the best way forward.

It is likely that as part of the investigation you will be called to interview. You will be entitled to a duty solicitor to represent you which is free of charge but these will not be specialists and are not usually pro-active with the police. We attend police station interviews regularly and often succeed in nipping the case in the bud because we are proactive.

We have clients who have been worried about a dangerous driving charge having sleepless nights who, after we have attended interview with them and made representations to the police have been offered a driver improvement course.

Whilst that will not happen in all cases it demonstrates how we can achieve so much more for you as a client. You often hear that you should always say “no comment” in interview and that is often the advice from some duty solicitors, however it is not always good advice. We know when to say “no comment” and when to answer questions. You need to make sure that you are well prepared for interview and do not answer questions in a way that will incriminate you or give the wrong impression. Duty solicitors will not spend time with you before the interview as a rule and spend only a few minutes with you after speaking to the police. We spend time with you well before interview as well as after speaking to the police.

Dangerous driving cases can vary in complexity from a Magistrates plea to a Crown Court trial. The evidence can be relatively simple whilst other cases have numerous witnesses and require expert evidence. We will consider the complexity of your case and the likely progression period and agree a fee before commencing work so you will have peace of mind knowing exactly what your financial liabilities will be.

We stage our fees in line with the court procedure ie Magistrates plea/plea and trial management hearing/trial in Crown Court . This way if we persuade the Crown Prosecution Service to drop the case or accept a lesser plea you will only have paid for the service up to that point.

If you are acquitted you may get some or all of your costs paid by applying for what is known as a defendant costs order.

We offer very competitive fees without reducing the quality in our service if you want an idea as to how much your case will cost. Call one of our expert  dangerous driving solicitors to discuss your case and the costs.

You may have legal expenses cover on your insurance which may contribute to your fees.

Most legal expenses insurers will try to appoint one of their panel solicitors to deal with your case to keep their costs down, but your policy will definitely enable you freedom of choice. You should note that the panel solicitors are often experts in personal injury or general crime most are not specialist road traffic offence lawyers so do not be fobbed off with one from a panel.

A dangerous driving prosecution is too serious for you to entrust your fate to non-experts who may be competent to deal with basic factual points in your case, but will certainly not offer the breadth of expertise and knowledge of the dangerous driving solicitors.

If you are unsure as to what to discuss with your insurers one of our legal team will be more than happy to liaise with your insurers about the possibility of their funding your representation. This is something we can discuss with you when you get in touch.

Careless driving or driving without due care and attention or Driving without reasonable consideration carries a penalty of between 3 – 9 points and a fine of up to £2500. There is a discretionary disqualification for the most serious offences. It is an offence under Section 3 of the Road Traffic Act 1988

The definition of careless is when your standard of driving “falls below that of a careful competent driver”.

For a charge of dangerous driving to succeed, the prosecution must prove to the satisfaction of the court that your driving fell far below the standard expected of a competent driver and it would be obvious to a competent driver that the manner of your driving would be dangerous. (S 2. Road Traffic Act 1988.) It carries a maximum penalty of 2 years imprisonment and a minimum 12 month ban with an extended re-test.

This will depend on the opinion of the magistrates or the jury. It will mean different things to different people. Many of the examples given for careless and dangerous overlap e.g running a traffic light. This could be anything from a contravening a red light offence, careless driving offence or dangerous driving depending on the circumstances.

There is a grey area of law between Careless driving and Dangerous and it takes a skilled advocate to persuade a court/police/CPS that a case fits into the Careless bracket and not the dangerous. We have outstanding success in reducing dangerous driving charges to careless

We may be able to achieve this prior to any charge being laid if we are involved at the police investigation stage or post charge at the Magistrates Court which would save significantly on fees. If you are unsure where your case is really a careless offence discuss it with one of our legal team now for clarity and assurance.

If you are charged with the offence of dangerous driving you will be devastated and also fearful for the impact any penalty imposed would have on your family and work. You do not need to go through this alone we can support you every step of the way. Explaining the evidence in terms you can understand and helping you understand the procedure you will go through in court.

One of our legal team will be more than happy to discuss your options and your concerns FREE OF CHARGE. Between us we will reach the right option for you.

We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

By all means browse our website, check out our services and fees you will find we offer our services at highly competitive rates. You do not have to pay extra for attention and support we give that naturally because we care about you and understand what a traumatic experience being charged with an offence is.

WHY BRITON SOLICITORS?

Briton Solicitors are highly experienced team of solicitors in the heart of London. We will always be happy to assist you and answer any of your queries every step of the way. We provide tailored and unique advice to each of our clients. We make sure you are well informed of every aspect of your case and time frames where possible.

*This is subject to entering into a CFA agreement in accordance with our policy and complying with your responsibilities under the agreement.

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Address: 170 Cranbrook Rd,
Ilford, London, IG1 4LX
Phone: +44 0203 475 4545
Fax: +44 0203 475 4040
Email: info@britonsolicitors.co.uk

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