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Dangerous Driving Defence

Expert defence for dangerous and careless driving charges in Scotland.

Causing Serious Injury

Careless & Inconsiderate Driving

Fatal Accident Inquiries

The Charles Ferguson Solicitor Team

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.

Testimonials

Thanks to Jackson and everyone at Charles Ferguson. Really helpful and professional service — I felt in very safe hands.

Private Client — Dangerous Driving, Glasgow Sheriff Court

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Frequently Asked Questions

Answers to our most common questions.

What is the difference between dangerous and careless driving?

Dangerous driving requires proof that the standard of driving fell far below that of a careful and competent driver. Careless driving requires only a failure to exercise due care — a lower threshold.

What sentence can I receive for dangerous driving?

A minimum 12-month disqualification applies. Custodial sentences are possible in serious cases. Causing death by dangerous driving carries a maximum of 14 years imprisonment.

Can dangerous driving charges be reduced to careless driving?

Yes. Where the Crown's evidence does not fully meet the far below standard, it may be possible to negotiate a plea to the lesser charge of careless driving.

Do I need to attend court for a dangerous driving charge?

Yes. Dangerous driving is prosecuted on indictment or summary procedure and your personal attendance is required.

What evidence is used in dangerous driving cases?

Typically CCTV and dashcam footage, witness statements, police accident reconstruction reports, road condition evidence, and forensic analysis.

Can I get Legal Aid for a dangerous driving charge?

Yes. Legal Aid entitles you to choose your own solicitor. You are not limited to a duty solicitor.

Very limited availability as of

Apr 6

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