Dangerous driving Scotland (including Careless and Dangerous driving)

dangerous driving scotland

Careless and Dangerous driving FAQ

A: Section 2A of the Road Traffic Act 1988 states that dangerous driving is when your driving falls far below the expectations of a competent and careful driver. AND that it would be obvious to a competent driver that driving in that way is dangerous. For it to be dangerous, the driving needs to be capable of causing injury to ant other persons or damage to property.
A: When convicted of dangerous driving there is an obligatory disqualification. This is unless there are special reasons to avoid this. The absolute minimum disqualification is 12 months.
A: Once convicted of dangerous driving you can expect to face a fine of up to £10,000. The actual amount will depend on the specific details of the dangerous driving that occurred.
A: When you are banned for dangerous driving you also need to complete an extended driving test. Failure to do so can lead to further prosecution.
A: Section 3 of the Road Traffic Act 1988 explains careless driving to be "driving a motor vehicle on a road in a manner that falls below what would be expected of a competent and careful driver" OR ”those who drive without reasonable consideration for other persons using the road or place”. This is different from dangerous driving which also includes the risk of injuring a person or damaging property.
A: The penalties are 3-9 penalty points on your licence. Remember you only need 12 points to be disqualified. A discretionary driving disqualification is possible. You can also face a fine of up to £5000.

Road traffic laws in Scotland can be complex to understand, but their purpose is clear. They exist to reduce the number of accidents on the country’s motorways and roads.

In 2019 on Scottish roads, there were 5,686 accidents involving death or injury.

Dangerous driving Scotland law is on the statute at  www.legislation.gov.uk

Traffic Law Solicitors Scotland

Which is why anyone breaking Scottish Law will face robust penalties.

Keep in mind, though, that there is a common myth that the worse charges for driving offences only apply when someone crashes or hits a pedestrian. That is far from the case, and the police can stop you for careless and dangerous driving under several circumstances.

Careless and Dangerous Driving Scotland

The most serious accusation you can face is causing death by dangerous driving. This carries a mandatory two-year driving ban and the potential for up to 14 years in prison.

Dangerous driving charge

Dangerous driving charges (which come under Section 2 of the Road Traffic Act 1988) are also serious, even when an accident was avoided. It indicates that you were putting yourself, passengers, other drivers and pedestrians at risk. Or, that your driving could have (or did) cause structural damage of some sort.

One of the most common reasons for accusations of dangerous driving in Scotland is excess speed. You can even find that an initial charge of speeding then later progresses to further action for dangerous driving.

Other reasons you could face this serious criminal charge is that you drove an unroadworthy vehicle, or got behind the wheel when impaired by a known medical condition, for example.

Apart from the risks you were taking, this charge will lead to a disqualification from driving for a minimum of 12 months, which is mandatory under Scottish law. You could also face up to two years in prison.

If your job or family commitments depend on you being able to use your vehicle, when found guilty of dangerous driving, the repercussions can be long terms and affect your livelihood and quality of life.

Our Expert Traffic Law Solicitors can help you

Is there anything you can do when you’re accused of dangerous driving? You are advised to consult road traffic solicitors. They specialise in Road Traffic Law and know the best ways to represent people accused of dangerous driving.

Careless driving penalty

Our road traffic lawyers will examine the evidence so that they can advise you on the likely outcomes. There could also be an opportunity for your road traffic solicitor to present an argument that a lesser charge of careless driving is more appropriate. If the Procurator Fiscal agrees to this, your admittance of careless driving could result in just penalty points or a shorter driving ban.

Keeping hold of your driving licence could mean staying employed!

There may even be an opportunity to plead to a lesser charge of speeding if the circumstances support that.

You will probably be entitled to Scottish Legal Aid too, to help in your defence against dangerous driving charges or a careless driving charge

The starting point in assessing the impact and defence of a dangerous driving charge is to contact Graham Walker Solicitors. A free initial consultation can guide you on the best way forward.