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Home Driving & Motoring Offences: Dangerous Driving

Section 2 of the Road Traffic Act 1988 confirms that anyone who drives a vehicle in a dangerous manner is committing a criminal offence. The test of what constitutes ‘dangerous driving’ is whether or not any other competent and reasonable or careful driver would handle their vehicle in the same manner. The legal definition of dangerous driving also extends to the operation or driving of a car which is evidently dangerous to drive and potentially hazardous to other road users. The driver must have been aware at the time of the dangerous driving and the illegal state of the car.

Dangerous driving is, by all accounts, a rather serious motoring offence which could, and in some cases it occasions death. In such cases, the more serious charge brought by the CPS against the client is death by dangerous driving. Death by dangerous driving is by far the most serious motoring offence under the driving offence codes for obvious reasons.

As such, the gravity of the dangerous driving penalties usually attached to dangerous driving offence by the courts may be as serious as a custodial or prison sentence and/or outright disqualification. Other possible punishments include a fine, unpaid community service or penalty and points off your driver’s license. Our dangerous driving solicitors will do everything they can to ensure that the maximum penalty for death by dangerous driving is not applied, especially where there are mitigating circumstances to be relied on in your defence. According to the dangerous driving sentencing guidelines, the maximum penalty for death by dangerous driving is 14 years imprisonment. This came into force on the 27th of February 2004; it was previously 10 years custodial sentence. The minimum penalty is 2 years driving disqualification and in most cases, a compulsory retest.

 

Dangerous Driving Solicitors:

Motoring offences can be heard before a magistrate or Crown Court, depending on the circumstances surrounding the alleged offence, your actions and the plea being entered. It is vital that the right choice is made from inception with regards to where the case is to be heard. This is an area of driving offences that our dangerous driving lawyers are very familiar with. They will be able to provide you with expert advice, based on the available facts and evidence, on the more appropriate venue for trial. The first and most important aspect of the defence is to fully understand your case and to decide whether or not you have enough grounds to challenge the allegations of death by dangerous driving brought by the Crown Prosecution Service (CPS). It is quite possible and not unusual for us to strive for and secure a reduction in the charge you face where we are provided with all the relevant details.

We have been instructed in cases, for instance, where it became clear through a thorough examination of the facts that the alleged victim of our client’s dangerous driving had been negligent and contributed to the occurrence of the accident. Whatever the situation is, our dangerous driving solicitors will go through the available options and particular facts of your case with you so as to put together a tailor made legal defence which serves your best purpose. The need to act immediately and to get in touch with us for immediate expert advice and subsequent representation cannot therefore be over emphasised. Once you are charged with dangerous driving, it is crucial that our motoring offences experts have adequate time to make all the necessary representations on your behalf and by so doing, to increase our chances of having your death by dangerous driving charge either withdrawn or reduced.

A reduction in the charge automatically means a more lenient sentence which will most likely not warrant a prison term. Such presentations require client dedication, first class service and a proactive approach, intricate knowledge of the law, meticulous planning, strategising, and high level of experience; all of which we proudly possess at London’s most prominent criminal defence law networks – top London criminal defence lawyers. All you need to do is to instruct us at the earliest possible; delay and procrastination can prove very dangerous. Let us provide you with our tailored range of services before matters get out of hands and there is very little or nothing that even the best defence team, such as ours, can achieve. We have a proven track record of success in defending and protecting our clients charged with allegations of death by dangerous or careless driving. Call us now!

Consequences of Dangerous Driving Conviction in london:

Dangerous driving is a serious allegation. A conviction impacts greatly and negatively on the defendant. This is particularly so in cases where such a defendant is a truck driver, a taxi driver, an HGV driver or anybody who relies on driving for a living. These are the reasons you should act quickly and get the most dedicated team at London’s most prominent criminal defence law networks on your side. A conviction of dangerous driving carries with it an immediate and compulsory disqualification for a minimum of one year. Where the damage and/or loss occasioned by a dangerous driving offence is deemed significant enough, a prison term may be imposed on its own or in addition to fines. The gravity of a dangerous driving offence is determined by a number of factors; amongst which a negative history of dangerous and/or careless driving plays a considerable role. Where there is also a history of previous dangerous driving conviction, this is likely to aggravate the seriousness of the current offence and to reflect on the sentence.  

At London’s most prominent criminal defence law networks however, it fails to matter to our dedicated team of experts if you are a first time offender or someone with previous dangerous driving charges and convictions. To us, you are one of our very important clients and will be treated as such. We will put every possible resources and available mitigating factors into building a proactive and robust case on your behalf.

 

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