This is a complicated area of law in respect of which advice is best provided on a one-to-one basis. Such are the potential ramifications of conviction that we would strongly encourage anyone facing prosecution for an offence of this nature to arrange a consultation with one of our solicitors as a matter of urgency.
Nevertheless, broadly speaking, dangerous driving occurs under section 2 of the Road Traffic Act 1988 where:
(a) The driving in question falls far below the standard that would be expected from a competent driver and;
(b) It would be obvious to a competent and careful driver that the driving in question was dangerous.
In addition to this dangerous driving can occur where a driver drives a vehicle which is in such a condition that it would be "obvious to a competent and careful driver that driving a vehicle in such state would be dangerous"
Dangerous driving can take a multiplicity of forms and crucially, can be constituted by speeding alone where the speed in question is grossly in excess of the speed limit.
A conviction for dangerous driving has very serious consequences for a driver. These include:
(a) The imposition of between three and eleven penalty points
(b) An automatic disqualification for a period of twelve months and a requirement to re-sit your driving test (although see the separate subject heading of ‘special reasons’ for circumstances where this may not take place)
(c) The possibility of a serious fine
(d) The possibility of a prison sentence of up to two years in prison
It should be noted that under section 24 of the Road Traffic Offenders Act 1988 ‘driving’ (under section 3 of the Road Traffic Act 1988) is an ‘implied alternative’ to a charge of dangerous driving and it is open to a judge or jury to convict of careless rather than dangerous driving where they do not accept that the latter charge has been made out.
All of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Paisley Renfrewshire East Kilbride Perth Livingston Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Fife Kilwinning Ayrshire Giffnock viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray