How Scullion LAW Act for You in Dangerous Driving Charges

Being charged with dangerous driving in Scotland can feel overwhelming. This is one of the most serious motoring offences under the Road Traffic Act 1988, and the consequences can be life changing.

A conviction can led to a lengthy driving ban, a compulsory extended driving test, heavy fines, and in some cases, imprisonment. If you are facing such a charge, it is vital to understand the law, the court process, and why instructing an experienced dangerous driving solicitor in Scotland could be the key to protecting your licence and your livelihood.

Here Kris Buchanan, Director and Head of Road Traffic Defence explains what “dangerous driving” (or what used to be called “reckless driving”) means, what happens when you go to court, the possible penalties, and why getting legal advice as early as possible is essential.

What is Classed as Dangerous Driving in Scotland?

Under section 2 of the Road Traffic Act 1988, dangerous driving occurs when:

The standard of your driving falls far below what would be expected of a competent and careful driver, and It would be obvious to such a driver that your driving was dangerous.

Examples include excessive speeding, dangerous overtaking, racing on public roads, ignoring traffic signals, or knowingly driving a car in an unsafe condition.

The test is objective – it does not matter whether you personally believed your driving was safe. The question for the Sherriff is whether the average road user would clearly see it as dangerous, or likely to cause danger.

Why You Must Act Quickly If You Are Charged with Dangerous Driving

If you are charged with dangerous driving, you should contact Scullion LAWs Road Traffic Law team who are the top rated firm in Scotland and the Uk for Road Traffic Defence immediately.

Acting quickly and engaging a solicitor from our Road Traffic Defence team allows you to:

• Secure evidence early – including dashcam footage, CCTV recordings, and independent witness statements. Or take Photographs of a locus, such as where there is temporary road traffic works and diversions which may be improperly signed, but which may only last for days or weeks.
• Analyse the police evidence – such as speed detection device readings and accident reports.
• Negotiate with the Procurator Fiscal – sometimes it is possible to have the charge reduced to careless driving, which does not carry a mandatory ban.
• Prepare your defence strategy – the earlier your lawyer is involved, the stronger your case can be.
• Delaying legal advice risks losing crucial evidence or missing deadlines that could make a difference to your case outcome.

Understanding The Court Process for Dangerous Driving

Dangerous driving charges in Scotland are normally dealt with in the Sheriff Court. Here’s a breakdown of the process:

• Citation or Undertaking – You will receive a formal notice requiring you to attend court.
• Pleading Diet – Your first court appearance, where you enter a plea of guilty or not guilty.
• Intermediate Diet – If you plead not guilty, the court checks that both sides are ready for trial.
• Trial Diet – The trial itself, where evidence is heard, and the Sheriff (or jury, in solemn procedure cases) decides the verdict.
• An experienced dangerous driving lawyer will guide you through every stage, ensure you are fully prepared, and represent you robustly in court.

Penalties for Dangerous Driving in Scotland

Conviction for dangerous driving carries severe consequences:

• Mandatory disqualification for at least 12 months.
• Compulsory extended driving test before regaining your licence.
• Unlimited fine at the Sheriff’s discretion.
• Prison sentence – up to 12 months under summary procedure or up to 2 years under solemn procedure.

These penalties can affect your ability to work, your family life, and your future opportunities. This is why instructing a skilled road traffic lawyer can make such a difference.

Why You Must Instruct a Solicitor for Dangerous Driving Charges

You have the legal right to represent yourself in court, but doing so in a dangerous driving case is risky. There are several advantages to instructing a specialist Scottish road traffic solicitor:

• Legal Knowledge – They understand road traffic law and can challenge technical evidence, such as speed camera readings.
• Negotiation – Our team have developed a working relationship with Fiscals throughout the country over years of hard work, and reputation often earned through their courtroom prowess. This makes it significantly easier for them to work or negotiate with the Procurator Fiscal to seek a reduced charge, allowing you to potentially avoid a driving ban.
• Courtroom Advocacy – This is a skill which is built up over many years of practice. Our experienced solicitors will know how to cross-examine witnesses, challenge resolute police testimony, and present your case persuasively.
• Mitigation Expertise – If you plead guilty or are found guilty, they can present strong mitigation to reduce your sentence and minimise disqualification. Quite often what people think is Mitigation is in fact Aggravation- Factors which lay person often present as mitigatory, such as issues with alcohol, drugs.
• Loss of employment or poor mental health are considered “risk factors” and indeed make it more likely a Sherriff will look to social work intervention rather than the imposition of a financial penalty.
• A well-presented mitigation could make all the difference and could be the difference between year ban and a 2-year ban. It could be the difference between a fine and 150 hours community service.
• Representing yourself risks missing critical legal arguments or procedures, which could lead to a longer ban or harsher penalty.

Possible Defences to Dangerous Driving

Every case is unique, and your solicitor will analyse the evidence to identify possible defences. These may include:

• You were not the driver – mistaken identity.
• Driving was not dangerous – arguing it did not fall far below the standard expected.
• Technical Defences – challenging the admissibility or accuracy of police evidence or speed measurements.
• Special Reasons – even if guilty, showing compelling reasons why a disqualification should not be imposed (such as a genuine emergency).

A skilled dangerous driving solicitor in Scotland will know how to raise these defences effectively.

Mitigation to Reduce Penalties for Dangerous Driving

Even when a conviction is likely, your lawyer can still help by focusing on mitigation. This might include:

• Explaining your personal circumstances and reliance on your licence for work.
• Highlighting any clean driving record or character references.
• Showing remorse and steps taken to improve driving (e.g., completing a driver improvement course).
• Requesting the shortest possible disqualification period.

A Well-prepared mitigation can significantly reduce the impact of a conviction.

Where do Scullion LAW represent clients for Dangerous Driving Charges

Whether you are looking for a dangerous driving solicitor in Glasgow, a road traffic lawyer in Edinburgh, or specialist representation in Aberdeen, Dundee, Inverness, Livingston, Perth, Falkirk, Stirling, or elsewhere in Scotland, expert legal advice is available. We offer expert representation across the country, attending Sheriff Courts wherever you are based.

Don’t delay, call Scullion LAW today…

A charge of dangerous driving is serious and requires immediate action. The penalties can be severe – from a lengthy driving ban to imprisonment – but with the right legal strategy, you may be able to defend the charge, negotiate it down to careless driving, or minimise the sentence.

Instructing a specialist dangerous driving solicitor from our award-winning team gives you the best possible chance of protecting your licence, your livelihood, and your future. Contact a road traffic lawyer as soon as possible to discuss your case, explore your options, and prepare a robust defence.