When Speeding turns into Dangerous Driving

When a person is caught speeding, the usual consequences include:

  1. An invitation to attend a speed awareness course
  2. A fixed penalty of 3 points and a £100 fine
  3. A Court summons to attend a hearing at the Magistrates’ Court and up to 6 penalty points or a ban of up to 56 days and a fine of up to £1000 (or £2500 if speeding on the motorway).

However, where the level of the speed is so excessive, the Crown Prosecution Service could consider laying an additional charge of Dangerous Driving.

Unfortunately there appears to be no uniform approach to what level of speed would provoke the more serious charge of dangerous driving, and sadly, some geographical areas tend to take a different approach to others. I’ve acted on cases where motorists have been ‘lucky’ and avoided the more serious charge and on cases where they have not.

The Dangerous Driving charge can be, and is laid in cases where the only ‘dangerous’ factor is the speed.

There is a common misconception that to be charged with dangerous driving, a person must have performed some type of risky manoeuvre such as overtaking multiple cars on a blind bend or driving on the wrong side of the road. It is a further misconception that there must be some form of consequence from the dangerous driving, such as an accident.  This is simply not the case.

I have acted on a number of previous cases where the only factor which made the person’s driving dangerous was the speed.  This is not difficult to understand when the test for dangerous driving is explored:

The test for dangerous driving is simply: whether the person’s standard of driving fell far below the standard expected of a competent driver, and whether it would be obvious to a competent driver that the person’s manner of driving would be dangerous.

The consequences of a conviction for dangerous driving when speed is the only ‘dangerous’ factor

Unfortunately, regardless of how the driving is deemed dangerous, the basic legal consequences of a dangerous driving conviction remain the same:

  • A mandatory minimum 12 month disqualification from driving;
  • An extended re-test;
  • An unlimited fine;
  • Community service or a prison sentence

The case could be sent to Crown Court if the Magistrates feel their sentencing powers are insufficient for the nature of the offence.

How many people drive at excessive speeds?

Figures released following a recent freedom of information request by BBC Radio 5 Live identified that more than five people per day are caught driving at speeds exceeding 100 miles per hour, with the highest reported speed coming in at 156 miles per hour in a 70 zone.

Whilst these statistics certainly are shocking, they make no mention of the number of motorists who are routinely caught driving at excessive speeds in lower speed limit areas. For example the figures do not cover the number of motorists who are caught driving at 60 miles per hour in a 30 miles per hour zone. Having acted on such cases in the past, I know that these offences, which often take place in built up areas, can be viewed far more harshly in the Courts.

If you’ve been caught driving at an excessive speed and are worried about a dangerous driving charge

Ashworth Motoring Law are specialists in representing drivers who are charged with driving at particularly excessive speeds. No matter how bad your case might seem, we can assure you it’s probably not the worst we’ve seen!

Whether you’re looking for a specialist speeding or dangerous driving solicitor to identify a defence to clear your name, or want to secure the best possible outcome and ultimately avoid a prison sentence, we can help.

Our specialist motoring law solicitors have secured some truly phenomenal results in cases just like yours, and are proud to say that despite the very real likelihood of a custodial sentence in dangerous driving cases, not a single previous client of ours has ever been sent to prison.

Feel free to take a look at our specialist sections on Speeding, Dangerous Driving, or our Guilty Plea and Mitigation Service for more information, or call one of our expert motoring lawyers on 0330 33 22 770 for free initial advice. We look forward to hearing from you.

Article written by Expert Motoring Law Solicitor and Managing Director of Ashworth Motoring Law, Alison Ashworth

Alison Ashworth; Expert motoring lawyer and Director of www.ashworthmotoringlaw.co.uk

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