Introduction
This section makes it an offence to drive a motor-vehicle dangerously on a road. Different offences deal with the situation when the driving is not dangerous.Summary of the Law
In order for you to be found guilty of this offence, the prosecution must convince the court: a) that the way in which you drove fell far below what could be expected of a competent and careful driver; and b) that it would be obvious to a competent and careful driver that driving in the way you did would be dangerous.What is dangerous?
Dangerous means a danger of physical injury (however minor) or serious damage to property. The prosecution do not have to prove that anyone was actually injured, that damage actually took place or felt in danger.The standard of the driving
The driving is judged from an objective view. In other words, what was going on in the driver’s mind is not relevant to the decision as to whether his or her driving fell far below the standard expected of the hypothetical competent and careful driver.Types of dangerous driving
The offence may be committed by simply driving in a dangerous way The offence can also relate to a vehicle in a dangerous condition. The offence can be committed by a danger relating to the driver, rather than the vehicle’s condition or the way in which the driver actually drives.Maximum Sentence
This offence can be dealt with in the Magistrates Court or at the Crown Court. The maximum sentencing powers in the Magistrates Court for this offence are imprisonment for up to six months and a fine of up to £5000. In the Crown Court, the maximum punishment is up to two years imprisonment and an unlimited fine. In both Courts, the driver must be banned from driving for at least a year unless there are special reasons not to do so. Special reasons are tightly defined and are unlikely to be applicable in most cases. The driver must also undergo an extended driving re-test to get back a driving licence. The driver’s licence must be endorsed unless special reasons exist not to do so.Legal provision
s2, 2A Road Traffic Act 1988, as amended
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