Dangerous Driving Conviction

[The_DADDY]

Is it always a ban If convicted of dangerous driving? I thought it was a 12 month minimum ban but looking online I'm seeing conflicting sentences. This from the AA for example.....

 

offence code	Description of offence	Penalty points issued	Number of years points remain on driving record
DD10	Causing serious injury by dangerous driving	3-11	4 years from date of conviction
DD40	Dangerous driving	3-11	4 years from date of conviction
DD60	Manslaughter or culpable homicide while driving a vehicle	3-11	4 years from date of conviction
DD80	Causing death by dangerous driving	3-11	4 years from date of conviction
DD90	Furious driving	3-9	4 years from date of conviction

 

Can somone clarify this for me please?

[cgksheff]

There should be an automatic ban for DD, but there can be "exceptional circumstances" by which the ban can be avoided, in which case those penalty points (up to 11) will be applied.

Edited July 29, 2022 by cgksheff

[The_DADDY]

1 minute ago, cgksheff said:

There should be an automatic ban for DD, but there can be "exceptional circumstances" by which the ban can be avoided, in which case those penalty points (up to 11) will be applied.

Ah, yes that makes sense. 

Thank you 🙏

[mafya]

10 hours ago, cgksheff said:

There should be an automatic ban for DD, but there can be "exceptional circumstances" by which the ban can be avoided, in which case those penalty points (up to 11) will be applied.

Wrong as dangerous driving conviction comes with an automatic retake your driving test as part of the conviction. About 15 years ago I was convicted of dangerous driving whilst getting away from the scene of trouble outside a nightclub. The crown court judge gave me the minimum 3 months disqualification and she didn’t want me to do a retest as she felt I didn’t deserve it as I was getting away from the scene of where a shooting was happening outside a nightclub. After a 30 minute adjournment she came back and said her hands were tied so was giving me a 3 months ban and that I would have to take a retest.

Edited July 30, 2022 by mafya

[cgksheff]

5 hours ago, mafya said:

Wrong as dangerous driving conviction comes with an automatic retake your driving test as part of the conviction. About 15 years ago I was convicted of dangerous driving whilst getting away from the scene of trouble outside a nightclub. The crown court judge gave me the minimum 3 months disqualification and she didn’t want me to do a retest as she felt I didn’t deserve it as I was getting away from the scene of where a shooting was happening outside a nightclub. After a 30 minute adjournment she came back and said her hands were tied so was giving me a 3 months ban and that I would have to take a retest.

Regardless of your individual experience, my post is not wrong.

It is possible to escape the "automatic ban".

 

"Where "special reasons" are found for not disqualifying the court must endorse the driver's licence with 3-11 penalty points unless there are, again, "special reasons" for not doing so"

 

Crown Prosecution Service:

https://www.cps.gov.uk/legal-guidance/road-traffic-charging

Edited July 30, 2022 by cgksheff

[El Cid]

4 hours ago, cgksheff said:

Regardless of your individual experience, my post is not wrong.

It is possible to escape the "automatic ban".

When watching TV programs about driving, sentences seem lenient, perhaps because it's difficult to prove in court.

[cgksheff]

2 hours ago, El Cid said:

When watching TV programs about driving, sentences seem lenient, perhaps because it's difficult to prove in court.

Whilst it is sometimes possible to avoid the automatic ban for a Dangerous Driving conviction, more often the lawyers work on getting "dangerous" downgraded to "careless" for which a ban is not automatic.

[geared]

I'd love to know what constitutes 'Furious Driving'

[Resident]

@The_DADDY

 

Quote

Dangerous driving

 

Road Traffic Act 1988, s.2

Effective from: 04 August 2008

Triable either way
Maximum: 2 years’ custody

Note: this guideline does not take account of the increase in magistrates’ courts’ sentencing powers for either way offences committed on or after 2 May 2022

• Must endorse and disqualify for at least 12 months. Must order extended re-test
• 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 – refer to disqualification guidance and consult your legal adviser for further guidance

If there is a delay in sentencing after conviction, consider interim disqualification

Taken direct from Magistrate's sentencing guidelines .

There's a lot more detail HERE

12 minutes ago, geared said:

I'd love to know what constitutes 'Furious Driving'

It's an offence from before motor vehicles really. 

 

Quote

Offences against the person act 1861

Drivers of carriages injuring persons by furious driving.

Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . .

 

[The_DADDY]

3 hours ago, Resident said:

@The_DADDY

 

Taken direct from Magistrate's sentencing guidelines .

There's a lot more detail HERE

It's an offence from before motor vehicles really. 

 

 

Thank you that's very helpful 🙏