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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 even be constituted by speeding alone where the speed in question is grossly in excessive.

A conviction for dangerous driving carries with it a number of serious consequences.

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 significant fine

(d) The possibility of a prison sentence of up to two years in prison

It should be noted that the lesser charge of ‘careless driving’ (which does not carry with it automatic disqualification) 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 evidence supports a dangerous driving charge.

More often than not the evidence for a dangerous driving charge will come from highly trained police officers with expertise in road police matters.

Here at Nationwide Road Traffic Lawyers we like to tip the scales in favour of our clients. We work in close coordination with a number of retired road policing police officers and other police officers with substantial experience of operational policing. Our expert witnesses are leading experts in their field and are able to carry out their own independent analysis of the evidence against you and thereafter provide compelling evidence on your behalf in court.

We guarantee you that no stone will be left unturned in the proper presentation of your case.

Contact Our Expert Road Traffic Lawyers in Scotland Today

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