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DVLA Endorsement Code: DD40
(remains on driving licence 4 years from date of conviction)
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
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.
Meaning of Dangerous Driving
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.
Triable: Either way
Maximum when tried summarily: Level 5 Fine and/or 6 months
Maximum when tried on indictment: 2 years
If there is a delay in sentencing after conviction, consider interim disqualification
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
Disqualify 15-24 Months
Factors indicating higher culpability
Factors indicating lower culpability
1. Disregarding warnings of others
Factors indicating greater degree of harm
1. Injury to others
1. Genuine emergency
For more information on sentencing guidelines, fine bands, sentencing for multiple offences and ancillary orders please visit Sentencing Council, Magistrates Court Sentencing Guidelines [online]. Available from https://www.sentencingcouncil.org.uk/the-magistrates-court-sentencing-guidelines/. ©Crown Copyright 2021.