Dangerous Driving Solicitor Birmingham

Dangerous driving (section 2 Road Traffic Act 1988) — Driving a motor vehicle dangerously on a road or public place. Driving is dangerous where it falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous. Maximum sentence: 2 years imprisonment in the Crown Court.

Causing serious injury by dangerous driving (section 1A Road Traffic Act 1988) — Where dangerous driving causes serious physical injury to another person. Maximum sentence: 5 years imprisonment.

Causing death by dangerous driving (section 1 Road Traffic Act 1988) — Where dangerous driving causes the death of another person. This is one of the most serious driving offences in English law. Maximum sentence: 14 years imprisonment. Cases are always heard in the Crown Court. The Sentencing Council guidelines for causing death by dangerous driving provide for substantial custodial sentences even at the lowest culpability level.

David Roy acts as litigator in dangerous driving cases including Crown Court trials. For Crown Court cases, he instructs experienced counsel and works closely with the defence team throughout.

The legal standard is objective: would a competent and careful driver have driven in that way, and would it have been obvious to such a driver that driving in that way would be dangerous? Dangerous driving is to be distinguished from careless or inconsiderate driving, which is driving that falls below the standard of a competent and careful driver but not far below it. The distinction between dangerous and careless driving is frequently contested.

Evidence in dangerous driving cases typically includes witness evidence, CCTV, dashcam footage, police accident investigation reports, and expert evidence on speed, road conditions, and vehicle condition. David advises on the strength of the prosecution evidence and identifies the relevant defence arguments before any plea is entered.

A charge of causing death by dangerous driving requires the prosecution to prove both that the driving was dangerous and that it caused the death of another person. Causation is not always straightforward — the driving must be a cause of the death, not necessarily the only cause.

Cases involving death on the road are inherently serious and require sensitive, careful handling. David approaches these cases with the seriousness they deserve. He advises on the prosecution evidence, the available defences, and the likely sentencing range. Where the evidence of dangerous driving is strong, he works to put before the court the fullest mitigation, including character evidence, personal circumstances, and any relevant factors that bear on culpability.

David recognises the impact of road death on families and approaches these cases with care and without diminishing the seriousness of what has occurred.

For standard dangerous driving, the Sentencing Council guidelines provide for a starting point of 12 months’ custody for a higher culpability case with serious harm, reducing to a community order for a lower culpability case with limited harm. A disqualification of at least 12 months and an extended re-test are mandatory on conviction.

For causing death by dangerous driving, the guidelines provide for starting points ranging from 8 years’ custody (highest culpability, most serious harm) down to 2 years (lower culpability, one death, limited additional harm factors). All cases carry a mandatory minimum 5-year disqualification and an extended re-test. David advises on the likely sentencing range in each case before any plea is entered.