Expert Dangerous Driving Solicitors London

The offence of dangerous driving is triable either way, meaning that it can be dealt with in the magistrates court or the Crown Court, depending upon the level of seriousness and the both the defendant and the Court’s choice.  If the magistrates’ court bench decline jurisdiction, the case will immediately be committed or sent to the Crown Court for sentencing or trial.

We would advise any client to obtain legal representation from the outset when facing an allegation of dangerous driving.  The complexity of the initial hearing where the Court and the defendant make a decision on how the case should progress is most likely to impact upon the outcome.

In a case of dangerous driving, representations are made by the Prosecution and the Defence at the early hearing as to where the case should be heard, either the Crown Court or Magistrates’ Court.  The court will decide, upon hearing those representations, how and where the case should be tried or sentenced.  This decision has far-reaching effects on sentencing, as, if sentenced in a Magistrates’ Court the maximum penalty for dangerous driving is a 6 month custodial sentence, whereas in the Crown Court, a 2 year sentence of imprisonment can be imposed.

One topic of consideration, when facing a charge of dangerous driving, is the decision on venue.  For example, if the court considers the case more suitable for trial in a magistrates’ court than in the Crown Court, most people attending court without representation, would naturally assume that the Court’s decision should be accepted. The position is, however, that it is ultimately the individual’s choice.

Another hurdle is that of indication, where an individual intends to plead guilty.  It is imperative that they understand, at the earliest point, the importance of how their plea is recorded to ensure that maximum credit can be preserved where possible.

Where a person accepts that their driving fell below the standard, but the facts and degree of the circumstances differs from that presented by the prosecution, that person is entitled to make representations in respect of their own account of the incident and the level of responsibility accepted.  This situation often occurs with our clients in cases of dangerous driving, in which case we may present a basis of plea to the Prosecutor and that is often accepted, leading to a lesser sentence that the one anticipated by the client.

Even where the basis of dangerous driving is not accepted, we can make further subsequent representations to the Court and as the bench to decide upon which account is accepted and sentence on that basis.  Again, this often leads to the matter being re-categorised and our client receiving a lower sentence than the one they originally faced.

These are just a few examples of why, in our view, representation is highly beneficial when faced with a charge of dangerous driving.

Maximum: 2 years’ custody

• Must endorse and disqualify for at least 12 months. Must order extended re-test
• Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years

The starting point for the bench, when considering the sentence for a dangerous driving conviction, is a medium level community order, however a custodial sentence is most likely where the case involves a greater degree of culpability and harm.

The Magistrates’ Court Sentencing Guidelines presents a non-exhaustive list of examples here and explains how each case should be categorised.

The wording of the offence means it is open to interpretation and argument but this allegation can arise out of numerous circumstances. It can also arise as part of other offences and examples of dangerous driving can be:

1.                    Aggressive driving or racing
2.                   Overtaking manoeuvres that are not considered safe (particularly undertaking)
3.                   Knowingly driving a vehicle in an unsafe condition (worn tyres, excessive loading etc)
4.                   Being significantly distracted whilst driving (e.g. eating, using a telephone or radio, reading a map etc)
5.                   Disregarding traffic signals

This list is not exhaustive, and each case is brought on its own merits which are considered by the police and the Prosecution before formal charges are made against you. Being an “either way” offence means that the court process is more complicated than in those cases that can only be dealt with by the magistrates’ court. Motoring Defence Solicitors has extensive experience of this type of case so please contact us to discuss your options. You can read more about how the courts assess “seriousness” and “aggravating factors” on their respective pages.