Dangerous driving
Dangerous driving is driving that falls far below what would be expected of a competent and careful driver, where it would be obvious to such a driver that driving that way was dangerous. It is an offence under section 2 of the Road Traffic Act 1988 and brings an obligatory ban and 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 death by dangerous driving (related offence), Causing serious injury by dangerous driving (related offence) |
|---|---|
| The law | Road Traffic Act 1988, section 2 |
| Where it is tried | prosecuted either under summary procedure in the sheriff court or under solemn procedure before a sheriff and jury. Causing death by dangerous driving is prosecuted on indictment, normally in the High Court. |
| Maximum penalty | Dangerous driving: on indictment, up to 2 years' imprisonment and/or an unlimited fine; on summary conviction in Scotland, up to 12 months (the 6-month term in the Road Traffic Offenders Act 1988 is read as 12 months by section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007) and/or a fine of up to £10,000. Obligatory disqualification for at least 12 months and an extended driving retest. Causing serious injury by dangerous driving: up to 5 years. Causing death by dangerous driving: up to life imprisonment (since 28 June 2022), with a minimum ban of 2 years. |
| Sentencing guideline | Scottish Sentencing Council: Statutory offences of causing death by driving guideline (applies only where a death is caused) |
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 accused 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.
- It would be obvious to a competent and careful driver that driving in that way would be dangerous, or the vehicle was being driven in an obviously dangerous state.
- Dangerous means a danger of injury to any person or of serious damage to property (section 2A).
Defences and common issues
- The driving did not fall far below the required standard; if dangerous driving is not proved, the court can convict of careless driving instead.
- Necessity (duress of circumstances): driving that way was needed to avoid an immediate threat of death or serious injury.
- A sudden medical episode or loss of control that could not reasonably have been foreseen.
- Identification: disputing that the accused was the driver, which must be proved by corroborated evidence.
Frequently asked questions
What is the difference between dangerous 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. Dangerous driving is driving that falls far below it, where it would be obvious to a competent and careful driver that it was dangerous. Examples of dangerous driving can include racing, very high speeds in the conditions, deliberately ignoring red lights, or driving while badly distracted. If dangerous driving is not proved, the court can convict of careless driving instead.
Will I be banned from driving for dangerous driving?
Almost certainly. Dangerous driving carries an obligatory disqualification of at least 12 months, unless the court finds special reasons, which is rare. The court must also order you to pass an extended driving test before you can hold a full licence again, so the ban effectively continues until you pass. The court can impose a much longer ban, and prison is possible in serious cases. A solicitor can explain the likely outcome in your circumstances.
What happens if dangerous driving causes death or serious injury?
These are separate, more serious offences. Causing serious injury by dangerous driving carries up to 5 years' imprisonment. Causing death by dangerous driving carries up to life imprisonment for offences committed from 28 June 2022, a minimum 2-year ban and an extended retest. In Scotland it is normally prosecuted in the High Court. Judges must have regard to the Scottish Sentencing Council's guideline on statutory offences of causing death by driving for people convicted on or after 16 January 2024, and give reasons if they depart from it.
Do I have to answer police questions after a crash in Scotland?
You have some legal duties but also a right to silence. A driver involved in an accident causing injury or damage must stop and give their name and address, and report it to police within 24 hours if they did not do so at the scene. The registered keeper must also tell police who was driving when asked under section 172 of the Road Traffic Act 1988. Beyond that, you do not have to answer questions about how you drove, and no adverse inference can be drawn from silence in Scotland.
Can dangerous driving be dealt with in the sheriff court?
Yes. Most dangerous driving cases are prosecuted in the sheriff court, either under summary procedure before a sheriff alone or under solemn procedure before a sheriff and jury. The Procurator Fiscal decides which, depending on how serious the driving was and the accused's record. Under summary procedure the maximum sentence is 12 months' imprisonment, and on indictment it is 2 years. In every case the court must disqualify for at least 12 months and order an extended retest unless special reasons apply.
Work out your penalty points, totting-up and ban risk.
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