Dangerous Driving Insurance
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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.
Dangerous Driving Sentencing Guidelines
Triable: Either way
Maximum when tried summarily: Level 5 Fine and/or 6 months
Maximum when tried on indictment: 2 years
- Must endorse and disqualify for at least 12 months. Must order extended retest
- Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years
If there is a delay in sentencing after conviction, consider interim disqualification
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
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 | Crown Court | Disqualify 15-24 Months Crown Court |
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
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 |
Magistrates Must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed)
Consider ancillary orders, including disqualification and deprivation of property
Decide sentence
Give reasons
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 2023.