Dangerous Driving

Are you looking for the best Road Traffic Solicitors to defend you on a charge of Dangerous Driving?

When it comes to protecting your driving licence, we understand the potentially devastating impact of a road traffic charge on the reputation, livelihood and liberty of those we represent.

So, if you’re facing what for you is the legal minefield of a dangerous driving charge, tip the scales in your favour - Get in touch now.

What is the law on dangerous driving?

Under section 2 of the Road Traffic Act 1988, a person commits the offence of dangerous driving if:

• the driving fell far below the standard expected of a careful and competent driver; AND
• it would be obvious to a careful and competent driver that driving in that way would be ‘dangerous’ – that is, that it would create a danger of injury to a person or of serious damage to property.

In practical terms, this wide legal test means that dangerous driving charges are often used to cover a wide range of allegedly dangerous acts, such as driving too fast for the road or location; driving aggressively or racing; reading or using a handheld device; driving whilst unfit through alcohol, drugs or tiredness; or driving in the knowledge that the vehicle has a dangerous fault.

Given, therefore, that the assessment of ‘dangerous’ driving is a legal question which will depend upon the facts and circumstances of each individual case, it makes sense to protect your licence by obtaining early expert advice as to whether the law would regard the alleged driving in your case as ‘dangerous’ or otherwise.

What are the penalties?

If a person is convicted of dangerous driving, the penalties can be severe. In particular, the court must disqualify from driving for a minimum period of one year (which can be longer depending on the circumstances of the driving and any relevant previous convictions) AND the court must also order the driver to re-sit and pass an extended driving test upon completion of the ban imposed by the court.

Depending on the circumstances of the case, the court also has the power to impose an unlimited fine and/or imprisonment up to two years.  

For the more serious charge of causing death by dangerous driving, the minimum period of disqualification is two years and the court has the power to impose imprisonment of up to fourteen years.

Again, therefore, given the serious consequences which can follow a dangerous driving conviction, it makes sense to obtain early expert guidance on what can properly be done to avoid or reduce the penalties in your case.

How can we help?

You can count on our award-winning team to identify the right questions, provide the right answers and deliver the best solutions.

Here are just some of the ways in which we can help:

• If the police wish to question you about alleged dangerous driving, we can guide you on the questions you should or should not answer.
• If you’re unsure how to plead, we can advise you where you stand and, in particular, identify whether there are any technical or legal grounds to ask the prosecutor or court to abandon or dismiss the case against you. For example, does the case against you comply with certain time limits and rules on giving you notice or warning of a dangerous driving charge or prosecution?   
• If you are considering a full or partial plea of guilty, you can count on our considerable forensic and tactical skills to negotiate the best possible plea with the prosecutor, to present the best possible case to the court and to secure for you the best possible discount in penalty. For example, is your case one where the prosecutor or court could be persuaded to reduce the charge from one of dangerous driving to careless driving, a much less serious charge which carries significantly lower penalties and which might mean avoiding a ban or an order to re-sit a driving test.
• If you wish to contest the charge, you can count on us to skilfully investigate and present any relevant line of defence. For example, was your driving due to some unexpected incident or circumstance, such as a mechanical failure which you could not have anticipated?
• If you are unsure as to how to proceed, you can count on us to identify the things that might make the difference in your particular case, such as photographs of the road layout, examination of vehicle defects or damage, or evidence of weather and lighting conditions.

What are the costs?

Firstly, given the importance of you finding exactly the right lawyer to protect your driving licence, we have the confidence to provide every client with a first, diagnostic consultation, free of charge.

Thereafter, depending upon your financial position and the nature of your case, it may be possible for us to represent you under the Scottish Legal Aid scheme. If, however, Legal Aid is not available or appropriate in your case, whilst any fee chargeable thereafter will depend upon the complexity of your case, we are always happy to provide you with the certainty of a fee agreed in advance, and, if you prefer, usually the reassurance of a fixed fee arrangement, rather than fees based upon each item of work.

Equally, if you have a motor insurance policy or house insurance policy which provides you with cover for the legal costs of defending a motoring prosecution in Scotland, we would always be content to discuss acting for you on this basis. If you are in any doubt as to the terms of cover under any such insurance policy, again, we would be happy to examine the terms of any such policy at your first free consultation.

To tip the scales in your favour, get in touch now.

So, once again, why choose Adams Whyte Road Traffic Solicitors to defend you?

Here are just 5 reasons:

• We are already the trusted choice of thousands of clients who over the years have relied on the expertise of our motoring law solicitors to deliver for them the best possible result in road traffic cases right across the country.
• For the countless clients who, year after year, choose us to protect their driving licence, we have an impressively high rate of success and satisfaction.
• Those who recommend or instruct us include individuals from fields as varied as law and policing, to medicine and banking, to sport and entertainment.
• In fighting to keep you on the road, our specialist solicitors provide the highest standards of technical knowledge, forensic analysis, and courtroom advocacy, for example in exposing and arguing against any technical or legal flaws in the case against you.
• Given the importance of you finding the right lawyer to protect your driving licence, we have the confidence to provide every client with a first, diagnostic consultation, free of charge.

To give yourself the best chance of the best outcome, get in touch now.