What Is Dangerous Driving — And When Will a Judge Reduce It to Careless Driving?

What Is Dangerous Driving in Ireland? | Can It Be Reduced to Careless Driving?

“It’s Just Speeding, Right?”

Plenty of people think that. You were speeding — maybe by a lot.

But nobody got hurt.

No accident.

So why are you being charged with dangerous driving, a criminal offence that can get you banned for two years?

Because the law doesn’t just look at what happened. It looks at what could have happened. It looks at context.

And context — as you’ll see — is everything.

“Ma’am if your son was the victim of this assault

you’d say to me: ‘lock that other person up.

Look what they did to my boy’.

In fact, the people of Ireland expect me to lock your son up.

So tell me, what am I supposed to do?”

What the Law Actually Says

Section 53 of the Road Traffic Act 1961 states that it is an offence to drive in a public place “at a speed or in a manner which, having regard to all the circumstances of the case … is dangerous to the public.”

There is no minimum speed. No specific road type.

The key phrase is “all the circumstances.” 

That includes:- The time of day- The condition of the road- The amount of traffic- Whether anyone could reasonably be expected to be nearby- And, yes — your speed

The law is clear that speed alone may be enough to convict someone of dangerous driving: “it shall not be a defence to prove that the speed … was not in excess of” the speed limit.

What Judges See — And Why It Matters

Judges don’t arrive in court thinking, “How do I give this person a break?” They arrive burdened by what they’ve seen.

Week after week, they preside over fatal crashes, life-altering injuries, and devastated families. So when a defendant says, “I’m sorry, I was in a rush,” it leaves them cold.

This disconnect is what behavioural psychologists like Daniel Kahneman call the availability heuristic — we tend to judge risk based on what we’re exposed to.

Judges see road carnage daily. Most motorists don’t.

Some judges even express surprise in court:

“Don’t you see the road safety ads on TV?”

And this is a problem for judges: balance, trying to balance the need to protect the public against the necessity not to hammer you with a life-altering penalty.

"When someone asks you to do them a favour you say:

“Why should I?”

Judges are no different. Their job is to decide cases

and hand down punishments, not favours.

You have work to do"

I knew a judge once who tried to explain this to a mother of a young man charged with assault. Her son had pleaded guilty and she was appealing for clemency. He said to her:

“Ma’am if your son was the victim of this assault you’d say to me: ‘lock that other person up. Look what they did to my boy’.

In fact, the people of Ireland expect me to lock your son up. So tell me, what am I supposed to do?”

Try balancing that.

The RSA’s recent public campaign echoes this frustration: “Risky and preventable behaviour continues to cause untold harm … 174 lives were lost on Irish roads in 2024.”

(Irish Independent, 2 June 2025)

Careless vs. Dangerous Driving — Why the Difference Matters

There’s a huge legal difference between careless and dangerous driving.

- Careless driving (Section 52): Driving without due care and attention

- Dangerous driving (Section 53): Driving that poses a substantial risk of harm

If you're convicted of careless driving, the judge will impose a fine.

Disqualification is discretionary. Penalty points (x5) are automatic.

But if you’re convicted of dangerous driving, disqualification is mandatory for two years — even for a first offence.

Recent Conviction Figures — What the Data Shows

According to the Irish Independent dangerous driving convictions in Dublin rose from 189 in 2023 to 246 in 2024 — a jump of nearly 33%.

Nationwide, there were:

- 943 dangerous driving convictions

- 2,650 drink driving convictions

- 987 drug driving cases

- 1,605 convictions for careless driving

The RSA confirmed that alcohol was a factor in 35% of all road deaths between the years 2016 and 2020, where toxicology results were available.

This figure soars to 70% of driver fatalities between 10pm and 6am.

The View from the Bench — Why Judges Sometimes Reduce a Charge

If you're charged with dangerous driving but feel your actions were careless, you're asking the judge to reclassify the offence. You’re asking them to “do you a favour”.

When someone asks you to do them a favour you say “Why should I?”

Judges are no different. Their job is to decide cases and hand down punishments, not favours.

You have work to do.

"Remanding people in custody for a few days or weeks

has the dual benefit of making them ‘feel a little pain’ 

without crippling them with a lifelong criminal record.

“Letting them see what the inside of a jail feels like”- 

often has the desired effect"

Section 53(4) of the Road Traffic Act allows a judge to convict someone of careless driving instead of dangerous driving — but only if the facts support it.

That is at the judge’s discretion.

Here’s what I’ve learned from watching judges across Ireland:

- No judge wants to disqualify someone for 2 years if they can justify not doing it. They know how much hardship being disqualified causes, (often to innocent parties like children) and they are sympathetic of someone who has no previous convictions.

In fact, if you listen out carefully, this is one of the first things they ask the State to confirm: “Does this person have any previous convictions?”

If you do, and if they are for road traffic offences, you have an uphill battle ahead of you.

But if you don’t, then it is at least easier for a judge to convince themselves that this was a “once-off” event, however stupid it was.

Either way, if you want a charge reduced, you have to earn it.

I once represented a man who had been caught travelling at 217kph in a 100kph zone.

He was driving a Lamborghini. Not a good look.

Naturally he was charged with dangerous driving. It was only after extensive displays of time, money and driving courses completed that the Circuit Court judge -with great reluctance- agreed to reduce the charge from dangerous to careless driving.

Even then he imposed a 3-month disqualification. But my client was very relieved: 3 months off the road was a lot better than 2 years.  

_________________

Judges want to see that the experience has taught you something — that there’s been a consequence. Not just a fine. Not just an apology. Real, meaningful accountability.

While they’re not sadists, they want to see you suffer a little bit.

After all you’ve driven very poorly and expect to reprieved just by asking?

Not without some work first.

Remember, you’re the one with your hand out here, not them.

For more serious criminality -e.g. assaults, burglaries, drug dealing- where judges think that a jail sentence might be the “kick in the backside” that someone needs, different considerations apply.

If you jail someone they now have a permanent record of having served prison time. Perhaps that’s too harsh?

But if you remand them in custody for a short period, its not on their record.

Remanding people in custody for a few days or weeks has the dual benefit of making them ‘feel a little pain’ without crippling them with a lifelong criminal record.

“Letting them see what the inside of a jail feels like”-  often has the desired effect.

When they are brought back to court the judge will politely ask whether they enjoyed their experience and whether they’d like to go back?

You don’t tend to see those people in trouble again.  

"Saying “I’m sorry” is free. It costs you nothing.

Every idiot who comes into court is ‘sorry’.

So what? And because it costs them nothing to say it,

it has no value to the court.

You need to separate yourself from them"

What Might Persuade a Judge — A Real Case Example

One of my clients, facing a dangerous driving charge, a Circuit Court judge ordered to pay a significant financial penalty and to visit the National Rehabilitation Hospital in Dún Laoghaire.

He was to be shown around the facility by staff and see first-hand the impact of serious road traffic injuries. The court required written confirmation from the hospital that the visit took place. It was a sobering experience — and that was the point.

This wasn't punishment for punishment’s sake. It was a form of rehabilitation, a way for the court to assess whether he had truly grasped the potential consequences of his actions.

It involved time, money, effort and reflection in a worthy environment.

As requirements from a court went, I thought it was one of the best. When he came back to court the judge quizzed him on his experiences.

Once satisfied, she agreed to allow him to keep his licence.

But had he not cooperated, he’d have been thrown off the road for 2 years.

He got the message.

Courses That Show You’re Serious

Many judges respond positively to recognised driving safety or awareness courses. These are often run by accredited road safety trainers and involve:

·       Practical feedback on driving skills

·       Assessment of risk awareness

·       Behavioural and psychological education

·       An insight into your bad driving behaviour.

These courses take time, effort, and money — and that’s exactly why they’re valuable in court.

Saying “I’m sorry” is free. It costs you nothing. Every idiot who comes into court is ‘sorry’.

So what? And because it costs them nothing to say it, it has no value to the court.

You need to separate yourself from them.

Undertaking a driving safety awareness course is different. It costs time, effort and money. Because of these three factors alone it has a much higher value to the court.

Final Word

Dangerous driving is not just a charge — it’s a label that can affect your licence, your livelihood, and your future.

If you're facing prosecution, remember this: context is everything.

The law is open to interpretation, but courts need a reason to interpret it in your favour.

So if you want to avoid disqualification, you must build your case carefully, convincingly — and above all, credibly.

After all, it’s the choice between going off the road or driving home.

And everybody wants to drive home.