Dangerous driving
Dangerous driving is driving that falls far below the standard expected of a competent and careful driver, where it would be obvious to such a driver that driving that way was dangerous. It is more serious than careless driving and always leads to a ban and an extended retest.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Driving dangerously, Causing serious injury by dangerous driving, Causing death by dangerous driving |
|---|---|
| The law | Road Traffic Act 1988, section 2 |
| Where it is tried | either way. It can be tried in the magistrates' court or the Crown Court, and more serious cases are sent to the Crown Court. |
| Maximum penalty | Dangerous driving: 2 years' imprisonment and/or an unlimited fine, with an obligatory ban of at least 12 months and a compulsory extended retest. Causing serious injury by dangerous driving: 5 years. Causing death by dangerous driving: life imprisonment for offences committed from 28 June 2022 (previously 14 years), following the Police, Crime, Sentencing and Courts Act 2022. |
| Sentencing guideline | Dangerous driving |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant drove a mechanically propelled vehicle on a road or other public place.
- The way they drove fell far below what would be expected of a competent and careful driver, or they drove a vehicle whose condition made driving it dangerous.
- It would have been obvious to a competent and careful driver that driving in that way, or driving the vehicle in that state, would be dangerous.
- 'Dangerous' means a danger of injury to any person or of serious damage to property (Road Traffic Act 1988, s.2A).
Defences and common issues
- The standard of driving was careless rather than dangerous; a court or jury can convict of careless driving instead.
- Identity: the prosecution must prove who was driving.
- Duress of circumstances: driving to escape an immediate threat of death or serious injury, where the response was reasonable and proportionate.
- An unknown mechanical defect that a competent and careful driver would not have discovered.
- Automatism, such as a sudden and unforeseeable medical episode causing total loss of control.
Frequently asked questions
What is the difference between dangerous driving and careless driving?
The difference is how far the driving fell below the standard of a competent and careful driver. Careless driving is driving that falls below that standard, such as a momentary lapse of attention. Dangerous driving is driving that falls far below it, where the danger would have been obvious to a careful driver, such as racing, grossly excessive speed or deliberately ignoring red lights. Dangerous driving can lead to prison and always brings a ban, while careless driving on its own is punished with a fine, points or a ban.
Will I be banned for dangerous driving?
Yes. A conviction for dangerous driving carries an obligatory disqualification of at least 12 months, and you must pass an extended driving test before you can drive again. The ban can be much longer depending on the seriousness of the driving, and it is longer still if you have recent previous bans. The court can only avoid the ban if it finds special reasons connected with the offence, which is rare. Driving while disqualified is a separate offence.
Can you go to prison for dangerous driving?
Yes. The maximum sentence for dangerous driving is 2 years' imprisonment and an unlimited fine. The Sentencing Council guideline gives a range from a community order up to 2 years' custody, depending on how dangerous the driving was and the harm risked or caused. Because it is triable either way, serious cases can be sent to the Crown Court. If someone is seriously injured or killed, the driver is likely to face a more serious charge with a higher maximum.
What happens if someone is injured or killed by dangerous driving?
Separate, more serious offences apply. Causing serious injury by dangerous driving carries up to 5 years' imprisonment and a ban of at least 2 years. Causing death by dangerous driving is tried only in the Crown Court and, for offences committed from 28 June 2022, carries a maximum of life imprisonment, following the Police, Crime, Sentencing and Courts Act 2022. The same Act created an offence of causing serious injury by careless driving, with a maximum of 2 years.
Can police drivers be prosecuted for dangerous driving?
Yes. Police and other trained emergency response drivers can be prosecuted for dangerous or careless driving. Since changes made by the Police, Crime, Sentencing and Courts Act 2022, their driving is judged against a competent and careful constable with the same training, rather than an ordinary driver, when they are driving for police purposes. Complaints about police driving can also be investigated under the police complaints system, including by the Independent Office for Police Conduct in serious cases.
Work out your penalty points, totting-up and ban risk.
Penalty points calculator →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
Charged or under investigation? Ask LawBot a general question, or find a criminal defence solicitor near you.
Ask LawBot →