Dangerous Driving Defence in Scotland
Dangerous driving under section 2 of the Road Traffic Act 1988 requires proof that your driving fell far below the standard of a careful and competent driver, and that it would have been obvious to a competent driver that driving in that manner would be dangerous. This is a serious charge carrying severe penalties. Charles Ferguson provides robust specialist defence for dangerous driving cases throughout Glasgow, Lanarkshire, and across Scotland's courts.
Penalties for Dangerous Driving — Conviction carries a mandatory minimum 12-month disqualification and a requirement to pass an extended driving test before driving again. Custodial sentences are possible in serious cases. Where death results from dangerous driving, the maximum sentence is 14 years imprisonment. The Crown typically relies on accident reconstruction evidence, CCTV footage, witness accounts, and forensic analysis — all of which we examine and challenge rigorously.
Challenging the Evidence — The distinction between dangerous and careless driving is critical and highly fact-sensitive. Our approach begins with detailed examination of: the road and environmental conditions at the time, the reliability and consistency of witness accounts, the accuracy of any speed assessment evidence, the quality and integrity of CCTV and dashcam footage, and the Crown's accident reconstruction methodology. In many cases, facts that appear to support dangerous driving can be properly characterised as careless driving or lower.
Why Expert Representation Matters — The consequences of a dangerous driving conviction are life-altering. Charles Ferguson brings detailed knowledge of road traffic law, prosecution procedure, and the specific evidential standards required by Scottish courts. We appear regularly at Glasgow Sheriff Court, Hamilton Sheriff Court, and the High Court of Justiciary for cases involving the most serious road traffic charges. Contact us today for an urgent, confidential consultation.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.