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Dangerous & Careless Driving


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Charged with Dangerous or Careless Driving in Scotland?

Your Licence, Reputation & Freedom Are at Risk.
Get Scotland’s Leading Road Traffic Defence Lawyers on Your Side.


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Understanding Dangerous and Careless Driving Charges in Scotland

Dangerous driving under Section 2 of the Road Traffic Act 1988 involves driving that:

Falls far below the standard expected of a competent and careful driver, AND where it would be obvious that driving in such a way is dangerous.

Common examples include:

  • Excessive speeding
  • Dangerous overtaking
  • Ignoring traffic lights
  • Driving under the influence of drink or drugs
  • Racing or aggressive driving behaviour

Penalties include:

  • Mandatory driving disqualification (minimum 12 months)
  • Extended re-test required
  • Unlimited fine
  • 1 Year on summary complaint, and 2 years on indictment 

What is Careless Driving?

Careless driving (Section 3 of the Road Traffic Act 1988) occurs—

when driving falls below the standard expected of a competent driver, though not far enough below to be considered dangerous.

Examples:

  • Failing to properly observe road signs or traffic lights
  • Minor collisions or misjudged manoeuvres
  • Driving while distracted (mobile phone use, eating, adjusting controls)

Possible penalties:

  • 3-9 penalty points
  • Fine up to £5,000
  • Discretionary driving ban
  • Increased insurance premiums
  • Employment consequences (especially for professional drivers)

What’s at stake if you are convicted?

A conviction for dangerous or careless driving could mean:

  • Losing your driving licence
  • Substantial fines or imprisonment
  • Significant insurance premium increases
  • Loss of employment—especially if driving is essential to your role
  • A criminal record impacting visa applications, background checks, and reputation

Why Choose Graham Walker Solicitors? 

Decades of Expertise in Defending Clients Accused of Road Traffic Offences:

Road traffic defence is not something we “dabble” in—it’s at the core of what we do. We are recognised across Scotland for:

  • Successfully defending dangerous and careless driving cases, no matter how complex

  • Deep Technical Knowledge of the Road Traffic Act 1988

  • Understanding how to challenge police evidence and collision investigation reports

  • Fearless courtroom advocacy and cross-examination 

Our Track Record

We’ve represented clients facing:

  • Dangerous driving charges following accidents
  • Professional drivers at risk of losing their careers
  • Totting-up bans after multiple offences
  • Careless driving allegations arising from honest mistakes

Our results speak for themselves.

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FAQ

Frequently Asked Questions


What is the difference between dangerous and careless driving?

Dangerous driving is when your driving falls far below the expected standard and poses an obvious danger to others. It’s more serious and carries mandatory disqualification, potential imprisonment, and an extended re-test.

Careless driving is when your driving falls below the expected standard, but not drastically so. It’s still serious, but the penalties are lighter—points, fines, and a discretionary ban.

Can I go to prison for dangerous driving?

Yes. Dangerous driving can result in up to 1 year imprisonment on summary complaint or 2 years imprisonment if prosecuted on indictment. Prison is a real risk, particularly if there’s injury or aggravating factors. Strong legal representation is crucial to minimise or avoid custodial sentences.

Can I avoid a driving ban for dangerous or careless driving?

For dangerous driving, a ban is mandatory, but in certain cases, we may argue to reduce the period or apply mitigating factors to lessen the overall impact.

For careless driving, the court has discretion. We may argue “special reasons” or present mitigation to avoid disqualification entirely and limit points or fines.

What are ‘special reasons’ arguments?

A special reason is a factor relating to the offence itself (not personal circumstances) that might justify avoiding a ban or points—such as:

  • Emergency situations
  • Medical incidents
  • Acting on the advice of others

We have extensive experience successfully arguing special reasons on behalf of clients.

How will a conviction affect my insurance and employment?

Any conviction, particularly dangerous driving, will dramatically increase insurance premiums—often for several years. Certain employers, especially those requiring driving or background checks, may view a conviction negatively. Early legal advice can mitigate the damage.

How much does it cost to defend a dangerous or careless driving charge?

We offer competitive, transparent fees tailored to the complexity of your case. Your initial consultation is free, and we’ll give you a clear quote before proceeding—no hidden costs, no surprises.

What should I do immediately after being charged?

Contact a specialist road traffic lawyer immediately. The sooner we’re involved, the more options we have to:

  • Secure key evidence (CCTV, dashcam footage)
  • Review police reports and witness statements
  • Advise you on how to proceed at court appearances

Delays can seriously harm your defence.

Why Choose Us?

Together, we have over 100 years of experience successfully defending clients accused of criminal offences throughout Scotland. We enjoy a stellar reputation as highly-regarded solicitors and will do everything in our power to ensure that you get the best result possible.

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