Road traffic
Dangerous driving
Road Traffic Act 1988, s.2 (meaning of dangerous driving: s.2A)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years' custody; obligatory disqualification (minimum 1 year) with compulsory extended re-test
Actus reus
- Drive a mechanically propelled vehicle dangerously on a road or other public place — driving that 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 (see s.2A).
Mens rea
- Objective dangerousness test (no need to prove the defendant appreciated the danger), though awareness can aggravate sentence.
Defences
Driving not far below the standard · Danger not obvious to a competent careful driver · Mechanical defect · Emergency / necessity (narrow)
Sentencing Council
Sentencing Council guideline effective 1 July 2023. Offence range: community order to 2 years' custody; obligatory disqualification minimum 1 year with extended test.
At the police station
Speed, racing, fleeing police, and prolonged dangerous manoeuvres push culpability up. Check for linked TWOC/aggravated taking.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.