Dangerous driving

Road Trafic Act 1988, s.2

Triable either way:

Maximum when tried summarily: Level 5 ine and/or 6 months

Maximum when tried on indictment: 2 years

•Must endorse and disqualify for at least 12 months. Must order extended re-test

•Must disqualify for at least 2 years if offender has had two or more disqualiications for periods of 56 days or more in preceding 3 years – refer to page 184 and consult your legal adviser for further guidance

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

Offence seriousness (culpability and harm)

A. Identify the appropriate starting point

Starting points based on irst time offender pleading not guilty

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

Offence seriousness (culpability and harm)

B. Consider the effect of aggravating and mitigating factors (other than those within examples above)

Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive

Factors indicating higher culpability		Factors indicating lower culpability
1.	Disregarding warnings of others	1.	Genuine emergency
2.	Evidence of alcohol or drugs	2.	Speed not excessive
3.	Carrying out other tasks while driving	3.	Offence due to inexperience rather than irresponsibility
4.	Carrying passengers or heavy load		of driver

5.Tiredness

6.Aggressive driving, such as driving much too 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 signiicantly 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

120	Effective from 4 August 2008

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

Common factors are identiied in the pullout card

Consider a reduction for guilty plea

Consider ancillary orders, including compensation and deprivation of property

Refer to pages 168-174 for guidance on available ancillary orders

Decide sentence

Give reasons

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Drive whilst disqualiied

Road Trafic Act 1988, s.103

Triable only summarily:

Maximum: Level 5 ine and/or 6 months

Must endorse and may disqualify. If no disqualiication, impose 6 points

Offence seriousness (culpability and harm)

A. Identify the appropriate starting point

Starting points based on irst time offender pleading not guilty

Examples of nature of activity	Starting point	Range
Full period expired but retest not taken	Low level community	Band C ine to medium level community order
	order	6 points or disqualify for 3 – 6 months
Lengthy period of ban already served	High level community	Medium level community order to 12 weeks
	order	custody
		Lengthen disqualiication for 6 – 12 months
		beyond expiry of current ban
Recently imposed ban	12 weeks custody	High level community order to 26 weeks
		custody
		Lengthen disqualiication for 12 – 18 months
		beyond expiry of current ban

Offence seriousness (culpability and harm)

B. Consider the effect of aggravating and mitigating factors (other than those within examples above)

Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive

Factors indicating higher culpability		Factors indicating lower culpability
1.	Never passed test	1.	Defendant not present when disqualiication imposed and
2.	Planned long-term evasion		genuine reason why unaware of ban
3.	Vehicle obtained during ban	2.	Genuine emergency established
4.	Driving for remuneration

Factors indicating greater degree of harm

1.Distance driven

2.Evidence of associated bad driving

3.Offender caused accident

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

Common factors are identiied in the pullout card

Consider a reduction for guilty plea

Consider ancillary orders, including deprivation of property

Refer to pages 168-174 for guidance on available ancillary orders

Decide sentence

Give reasons

Note

An offender convicted of this offence will always have at least one relevant previous conviction for the offence that resulted in disqualiication. The starting points and ranges take this into account; any other previous convictions should be considered in the usual way – see pages 17 and 145.

122	Effective from 4 August 2008

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