Dangerous Driving Flashcards
Q: What is dangerous driving?
S2 RTA 1988
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Q: What type of offence is it?
Triable either way.
2 years’ imprisonment and/or fine on indictment.
Obligatory disqualification and compulsory re-test.
Q: What are the basic elements of this offence?
- MPV
- On a road or public place
- D drove dangerously- either due to the standard of driving or the current state of the vehicle.
Q: Does there need to be a collision for this offence to occur?
No- it is about how the vehicle is being driven.
Q: How can evidence showing how the vehicle was being driven be used?
Evidence showing how the particular vehicle was being driven before the incident itself may be giv-en in support of the charge of dangerous driving. However, care needs to be taken by the prosecu-tion not to seek to adduce inadmissible evidence about the defendant’s past bad driving.
Where the dangerous driving leads to a collision, the court may allow a police officer who is an ex-pert in the investigation of collisions to give evidence of opinion as to the cause of that collision.
Q: Are there any defences available?
COA held that in an appropriate case, general defences such as self-defence or duress of circum-stances might be argued. It must be assumed that this is extremely rare!
Q: Is there another offence that may be used instead of dangerous driving?
Rarely used offence of causing bodily harm by wanton or furious driving or racing (OAPA 1861, s35) which is punishable by 2 years’ imprisonment.
