Dangerous Driving in Glasgow
Every year around 5,000 people are charged with dangerous driving in and around Glasgow. Many choose not to fight their case and end up as yet another road traffic crime statistic.
At Dominic Sellar & Co, we believe in questioning the facts, fighting for a fair trial and achieving the best outcome for all our clients.
Dangerous driving is a very serious offence and carries a potential sentence of two years in prison. It is vital, therefore, that a motorist who has been charged with dangerous driving contacts an expert as soon as possible.
Section 2 of the Road Traffic Act 1988 defines dangerous driving as the following:
“A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.”
For an offence to have occurred, two things need to have taken place: the way a motorist drives needs to have fallen far below what would be expected of a competent and careful driver; and it needs to be obvious to a competent and careful driver that driving in such a way is dangerous.
Unless these two conditions are met, a conviction of dangerous driving cannot be achieved.
Dangerous driving is a serious offence and thus normally prosecuted at a Sheriff Court. Justices of the Peace are not allowed to preside over these cases.
Defences to Dangerous Driving
When deciding whether a motorist’s driving amounts to dangerous driving, consideration must be given to any explanation that shows the quality of recklessness was not actually present.
For example, a motorist can deny the event took place or claim that the event has been exaggerated.
If an unknown mechanical issue caused a motorist to drive the way he did, this may also act as a defence.
For example, the unexpected failure of brakes or tyres could cause a motorist to drive in a way perceived as dangerous.
Often a driver will accept that his or her driving fell below the acceptable standard but will deny that it was dangerous.
In these situations, it may be possible to persuade the court that a motorist’s driving amounts to careless driving rather than dangerous driving.
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Dominic Sellar & Co
102 Bath Street
Glasgow G2 2EP