Euan Gosney
29 Apr 2023
Dangerous Driving Scotland: FAQs
Driving offences are common and can range from a speeding ticket to causing death by dangerous driving. The team at CSG Legal can offer help and advice on any road traffic or driving charge. The sooner you seek the help of an expert road traffic solicitor, the more we can do to help.
WHAT IS DANGEROUS DRIVING?
Dangerous Driving as set out in Section 2A of the Road Traffic Act 1988, occurs when an individual’s driving ‘falls far below the expectations of a competent and careful driver’ and it ‘is obvious to a competent driver that driving in such a way is dangerous’. The driving also must be capable of causing damage to property or injury to another person.Speed is one of the most common causes of dangerous driving in Scotland.
There is scope for an initial charge of speeding to progress into action for dangerous driving. You can also face a charge of dangerous driving if you drive an unroadworthy vehicle or are impaired by a health condition.
WHAT ARE THE PENALTIES FOR DANGEROUS DRIVING?
For those convicted of dangerous driving, there is a mandatory disqualification unless there are mitigating factors to avoid it. The minimum disqualification is twelve months.If you are convicted of death by dangerous driving, you can expect to receive a mandatory two-year driving disqualification and a significant custodial sentence.
THERE A FINE FOR DANGEROUS DRIVING?
If you are convicted of dangerous driving, you can face a fine of up to £10,000. The amount of the fine given by the court depends on the specifics of the dangerous driving incident.
WILL I HAVE TO TAKE AN EXTENDED DRIVING TEST?
If you are disqualified for dangerous driving, you will also have to undertake an extended driving test. If you do not do this, it could lead to further prosecution.
WHAT IS CARELESS DRIVING?
Careless Driving is set out in Section 3 of the Road Traffic Act 1988 and occurs when someone ‘drives 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 differs from dangerous driving because it includes the risk of injury to a person or damage to property.
WHAT ARE THE PENALTIES FOR CARELESS DRIVING?
The penalties you can receive on your driving licence for careless driving range between 3 and 9 points. You only need to accumulate 12 points to be banned from driving. If the court considers the careless driving particularly bad, but it does not amount to dangerous driving, it can impose a discretionary disqualification. A fine of up to £5,000 can also be implemented.
WHAT HAPPENS IF I’M CAUGHT USING MY PHONE WHILST DRIVING?
If you are changing music, reading a message or even dismissing an incoming call, driving whilst using a mobile phone is considered a criminal offence. You can receive a fixed penalty notice (FPN) of a £200 fine and six points on your licence, although most mobile phone offences in Scotland are not dealt with in this way.If the case is referred to court, six points will be automatically added to your licence, and you will also have to pay a fine of up to £1,000. For bus or lorry drivers, the fine increases to up to £2,500New drivers who are caught using a mobile phone whilst driving will have their licence immediately revoked for having six points. Here, the driver will have to reapply for their licence and retake their driving test.
There is also scope to reduce the charge from one of dangerous driving to that of careless driving. This charge represents a significant downgrading of the offence of dangerous driving.
CONTACT US TODAY
If you are facing any driving offence charge, please contact us today. CSG Legal based in Edinburgh operate throughout Scotland and aim to provide clients with a personal, professional and dedicated service, working with you to get the best result available in your situation.
Please contact us today or complete our online enquiry form to speak to one of our solicitors about your case.