What Counts as Dangerous Driving Under Scottish Law?

Dangerous driving in Scotland is a serious driving offence under the Road Traffic Act 1988. If you are charged with dangerous driving, knowing how Scottish courts judge your actions can help you to safeguard your licence, your future and your legal rights. This guide explains the legal test for dangerous driving, the possible penalty and what you should do if you are charged with dangerous driving.

What Is Dangerous Driving in Scotland?

Under section 2 of the Road Traffic Act 1988, dangerous driving occurs when a person drives a mechanically propelled vehicle and their standard of driving falls far below what would be expected of a competent and careful driver. The court must also decide that driving in that way would be dangerous to persons using the road.

A vehicle may be involved in a dangerous driving offence if its condition makes it unsafe for use on a road or in a public place. This includes faulty brakes, worn tyres, or driving too fast in bad weather. In Scotland, dangerous driving applies to any motor vehicle driven on a road or in a public place.

What Are Examples of Dangerous Driving?

Examples of dangerous driving include racing, ignoring traffic lights, driving while disqualified, aggressive overtaking, and driving at excessive speed through residential areas. Police Scotland may also consider dangerous driving if alcohol use or mobile phone use creates a serious risk on the road.

The court considers all the circumstances of the offence. A competent driver in the same situation would be expected to recognise the risk, which can lead to the conduct being classed as dangerous. Driving in a way that clearly endangers other road users can be enough for prosecutors to bring a charge.

Is Dangerous Driving Different From Careless Driving?

Yes. Careless driving under section 3 of the road traffic legislation applies when driving falls below the expected standard, but not far below what would be expected. Inconsiderate driving and minor mistakes often lead to a careless driving charge instead of a dangerous driving charge.

The difference between careless and dangerous driving depends on how serious the behaviour is. Sometimes prosecutors will reduce a dangerous driving charge to careless driving when the evidence doesn’t support the original charge. A lesser charge of careless driving can lower the penalty and reduce the risk of a driving disqualification.

What Penalties Apply for Dangerous Driving?

Dangerous driving is treated seriously in Scottish road traffic law. If convicted, you could face an unlimited fine, prison, penalty points or a driving ban.

The minimum disqualification is 12 months under the Road Traffic Offenders Act. Many drivers are also required to complete an extended driving test before getting their driving licence back. In more serious cases involving causing death, the court can disqualify you from driving for a minimum period and impose a prison sentence.

What Happens After a Dangerous Driving Charge?

If you are charged with dangerous driving, you may be sent a notice of intended prosecution soon after the incident. Police Scotland will investigate the driving matter and will also look at witness statements, CCTV, speed evidence and road conditions.

Anyone charged with a driving offence should seek legal advice immediately. Early representation from a road traffic lawyer can help examine whether the driving offence meets the legal definition under section 2 of the road traffic legislation and whether the charge of dangerous driving can be challenged.

Can Speeding Lead to Dangerous Driving Charges?

Yes. A charge of speeding alone does not always mean dangerous driving. Still, driving at very high speed in a busy public road environment may be considered to be dangerous under the Road Traffic Act 1988 section provisions.

The court considers whether the person who drives a mechanically propelled vehicle created obvious danger. Excessive speed combined with poor weather, traffic, or risky overtaking may lead to dangerous or careless driving allegations.

Why Should You Contact a Solicitor Quickly?

A dangerous driving charge can have an impact on your licence, your job, your insurance and your family life. Seeking legal advice early gives you the best chance of protecting your position and preparing a defence.

SGT Law Firm help clients across Glasgow charged with road traffic offences, including dangerous driving Scotland cases. We will talk you through your options and help you understand what to do if you are charged with dangerous driving. To find out more, visit our Dangerous Driving Solicitor Glasgow page or call 0141 266 0652 for advice.