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DVLA Endorsement Code: DD40
(remains on driving licence 4 years from date of conviction)

Dangerous Driving Penalty | Dangerous Driving Sentencing Guidelines

DD40 - Dangerous Driving Offence

s. 2 of The Road Traffic Act 1988 [1] makes it an offence to drive a mechanically propelled vehicle dangerously on a road or other public place, it states:

Dangerous driving

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence

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A dangerous driving offence is a serious criminal offence and the penalties upon conviction are severe. Dangerous driving penalties can range from a fine, a community order, 3 - 11 penalty points, a driving disqualification and up to two years imprisonment.

The dangerous driving penalty a person receives upon conviction will depend upon the seriousness of the particular offence in question alongside any mitigating and/or aggravating factors surrounding the case.

What constitutes dangerous driving?

s. 2A of The Road Traffic Act 1988 [1] explains what constitutes dangerous driving in the eyes of the law, it states:

Meaning of Dangerous Driving

For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—
- the way he drives falls far below what would be expected of a competent and careful driver, and
- it would be obvious to a competent and careful driver that driving in that way would be dangerous
A person is also to be regarded as driving dangerously for the purposes of sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
In subsections (1) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried

Dangerous Driving Penalty

Dangerous driving is an offence which is known as an 'either-way' offence. Which means a dangerous driving court case can be heard in the magistrates court or the crown court depending upon the seriousness of the offence in question. The crown court have greater sentencing powers than a magistrates court and a term of imprisonment is a very real possibility.

If no alternative charges have been brought against the defendant and the court finds the defendant not guilty of dangerous driving, they may convict the defendant of careless or inconsiderate driving instead.

Upon conviction of a dangerous driving offence a defendant must be disqualified from driving for a minimum period of 12 months, receive a DD40 driving conviction endorsement code on their driving licence (that will remain on their driving licence for a period of four years from the date of the offence) AND they will have to take an extended driving test in order to regain their driving licence upon the expiry of any period of disqualification imposed.

This is the absolute minimum penalty upon conviction of dangerous driving unless, in exceptionally rare cases, special reasons not to endorse of disqualify can be established.

Please consult with your legal adviser for advice on special reasons not to endorse or disqualify in dangerous driving cases.

Reference:

[1] The Road Traffic Act 1988

Dangerous Driving Sentencing Guidelines

DANGEROUS DRIVING

Road Traffic Act 1988, s.2

Triable: Either way
Maximum when tried summarily: Level 5 Fine and/or 6 months
Maximum when tried on indictment: 2 years

Must endorse and disqualify for at least 12 months. Must order extended retest
Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years

If there is a delay in sentencing after conviction, consider interim disqualification

Offence seriousness (culpability and harm)
A. Identify the appropriate starting point

Starting points based on first time offender pleading not guilty

Examples of nature of activity	Starting Point	Range
Single incident where little or no damage or risk of personal injury	Medium level community order	Low level community order to high level community order
Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area OR single incident where little or no damage or risk of personal injury but offender was disqualified driver	12 weeks custody	High level community order to 26 weeks custody
Prolonged bad driving involving deliberate disregard for safety of others OR Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area, by disqualified driver OR Driving as described above while being pursued by police	Crown Court	Disqualify 15-24 Months Crown Court

Examples of nature of activity

Starting Point

Range

Single incident where little or no damage or risk of personal injury

Medium level community order

Low level community order to high level community order

Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area OR single incident where little or no damage or risk of personal injury but offender was disqualified driver

12 weeks custody

High level community order to 26 weeks custody

Prolonged bad driving involving deliberate disregard for safety of others
OR
Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area, by disqualified driver
OR
Driving as described above while being pursued by police

Crown Court

Disqualify 15-24 Months

Crown Court

Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors

Factors indicating higher culpability	Factors indicating lower culpability
1. Disregarding warnings of others 2. Evidence of alcohol or drugs 3. Carrying out other tasks while driving 4. Carrying passengers or heavy load 5. Tiredness 6. Aggressive driving, such as driving much to close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking 7. Driving when knowingly suffering from a medical condition which significantly impairs the offender's driving skills 8. Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns Factors indicating greater degree of harm 1. Injury to others 2. Damage to other vehicles or property	1. Genuine emergency 2. Speed not excessive 3. Offence due to inexperience rather than irresponsibility of driver

Factors indicating higher culpability

Factors indicating lower culpability

1. Disregarding warnings of others
2. Evidence of alcohol or drugs
3. Carrying out other tasks while driving
4. Carrying passengers or heavy load
5. Tiredness
6. Aggressive driving, such as driving much to close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking
7. Driving when knowingly suffering from a medical condition which significantly impairs the offender's driving skills
8. Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns

Factors indicating greater degree of harm

1. Injury to others
2. Damage to other vehicles or property

1. Genuine emergency
2. Speed not excessive
3. Offence due to inexperience rather than irresponsibility of driver

Magistrates Must:

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed)

Consider ancillary orders, including disqualification and deprivation of property

Decide sentence
Give reasons