Dangerous Driving (Section 2 Road Traffic Act 1988)

Dangerous Driving is an offence under s.2 Road Traffic Act 1988. A person commits the offence if he drives a mechanically propelled vehicle dangerously on a road or other public place (s.2). A person drives dangerously if, and 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 such a driver that driving in that way would be dangerous, or if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous; "dangerous" refers to danger either of injury to any person or of serious damage to property, and regard is had not only to the circumstances of which the driver could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused (s.2A(1) to (3)). A different standard, that of a competent and careful constable who has undertaken the same prescribed training, applies to a designated person driving for police purposes who has undertaken prescribed training (s.2A(1A) and (1B)). Maximum sentence: on summary conviction, imprisonment for 6 months, the statutory maximum fine or both; on conviction on indictment, imprisonment for 2 years, a fine or both; disqualification and endorsement are obligatory, with 3 to 11 penalty points (Road Traffic Offenders Act 1988, Schedule 2).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).