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A driving licence endorsement is classed as a conviction. The rehabilitation period for driving licence endorsements is a period of five years, after which they will be classed as 'spent'. You must declare all 'unspent' convictions to insurers when required to do so.
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DVLA Endorsement Code: DD40
(remains on driving licence 4 years from date of conviction)
DD40 - Dangerous Driving Offence
Dangerous driving
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.
What constitutes dangerous driving?
Meaning of Dangerous Driving
- For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—
- the way he drives falls far below what would be expected of a competent and careful driver, and
- it would be obvious to a competent and careful driver that driving in that way would be dangerous
- A person is also to be regarded as driving dangerously for the purposes of sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
- In subsections (1) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
- In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried
Dangerous Driving Penalty
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.
