Being accused of dangerous driving can be frightening and overwhelming. What does it mean? What would be the outcome? Will it affect my job or my ability to drive? Tons of questions and scenarios swirl through your mind.
Dangerous driving is one of the most serious traffic offences under UK motoring law. Even an accusation can carry significant consequences.
The bad news? It is incredibly difficult to find reliable information, especially when emotions are running high. If this sounds relatable, you’ve come to the right place. This guide explains what you should do after being accused of dangerous driving and how a dangerous driving barrister can help.
Stay Calm and Polite
We agree — being accused of a crime you’re not even sure you committed can cause panic. But reacting impulsively can make matters worse. The first thing you need to do is to stay calm.
Don’t argue or escalate the situation with the officer. Even offhand comments made at the time of the incident can be misinterpreted or later used as evidence. So remain polite and let the officer do their job. Give your name, address, and license if requested, but don’t volunteer more information.
Do Not Make Admissions
After being accused of dangerous driving, you are not obligated to answer questions about the incident. Practice your right to silence and don’t make admissions of fault. Anything you say to the police can be used as evidence.
Moreover, avoid discussing the incident in detail with friends or family.
Document Everything
At this stage, focus on documenting facts and gathering evidence. Note the following:
- The officer’s name
- The date, time, and location of the incident
- Traffic conditions
- Details of other vehicles or witnesses
- Your own actions and observations
If you have any dashcam footage that could support your side of the story, review it and keep it stored. Your attorney will know how to use it.
Understand What the Allegation Means
As hinted earlier, dangerous driving is considered a serious criminal offence in the UK. The next step is to understand what the allegation actually means.
According to the Road Traffic Act 1988, the allegation for dangerous driving means your driving fell far below the standard expected of a competent and careful driver. Moreover, the law believes that you created an obvious risk of injury for yourself and other drivers. Examples of dangerous driving include:
- Driving too fast
- Dangerous overtaking
- Driving under the influence of alcohol or drugs
- Being distracted while driving
- Running red lights or ignoring signals
Before accusing you of dangerous driving, the law looks at the circumstances of the incident. This includes speed, road conditions, and whether anyone was directly endangered.
Seek Legal Advice
Traffic offence cases are inherently complex. If not handled properly, the consequences of a conviction can be severe, including mandatory driving bans, hefty fines, imprisonment, and a criminal record.
This is why it’s important to seek legal support as early as possible. Early legal advice is critical to understand your rights and choose the best course of action.
Here you have two options: Hire a motoring solicitor for initial advice and ask them to hire a barrister to represent you in court. Contact a reputable motorist barrister (Direct Access). A barrister will review the evidence against you, scrutinise police procedures, and represent you in court.
Contacting a barrister early ensures you do not inadvertently jeopardise your defence. They can present arguments for reduced sentences.
Explore Legal Strategies
Once you’ve sought legal representation, work closely with your barrister to plan your defence strategy. You typically have three options:
- Plead guilty to dangerous driving. This can reduce the punitive part of the sentence, such as prison sentences.
- Plead not guilty and challenge the evidence. Your barrister will try to find gaps in the evidence and highlight the absence of key witnesses. Most often, the case is sent to the Crown Court, where you have the option of trial by jury.
- Negotiate a plea to a lesser offence. For instance, the lesser charge could be careless driving instead of dangerous driving. This could mean shorter disqualification or no jail time.
Prepare for Court
If your case progresses to court, take additional steps to prepare for trial. Your barrister will build a defence and present it. Here’s how you can prepare yourself:
- Understand the court processes. Know whether your case will be heard in a Magistrates’ Court or Crown Court. Ask your barrister what to expect during hearings.
- Review evidence. This includes dashcam footage, police reports, or witness statements.
- Practice your account. Your barrister will guide you on what to say and how to remain calm during the process.
Seek Legal Advice if You’re Accused of Dangerous Driving
The UK’s motorist law is incredibly extensive, with dangerous driving among the most serious offences. If you’re being investigated or have been detained for dangerous driving, staying cautious and taking the right steps can make a world of difference. Stay silent and avoid making admissions, especially during the early stages of the investigation. Moreover, seek legal advice as soon as possible. A qualified criminal defence solicitor will assess your case and recommend the most appropriate legal strategy.
Legal Disclaimer: This article is for general information purposes only and does not constitute legal advice. Allegations of dangerous driving and the consequences that may follow depend on the specific facts of each case. Anyone accused of a driving offence should seek advice from a qualified criminal defence solicitor.
