Is Speeding Always Dangerous Driving in Ireland?

Speeding vs Dangerous Driving: What Irish Judges Look For

Same Speed. Different Road. Different Outcome

You were speeding.

Nobody denies that.

But should it really mean a dangerous driving charge?

A criminal record?

A mandatory 2-year disqualification?

In court, that’s exactly what some people are facing.

And here’s what hurts: someone else doing the same speed on a different road might walk away with nothing more than penalty points.

"Judges sit through bad crash cases every week.

They’ve seen how fast things go wrong.

They’ve seen the injured parties in court.

They’ve watched CCTV"

So, what’s happening here?

The answer isn’t just about numbers, it’s about context.

The Law Doesn’t Say “Speed = Dangerous”

You might think that once you break the limit badly enough — 30, 40, 50kph over — you’ve crossed the line into dangerous driving.

But that’s not how the law is written.

Under Section 53 of the Road Traffic Act 2010, dangerous driving means:

driving “at a speed or in a manner which, having regard to all the circumstances… is dangerous to the public.”

No set speed.

No automatic threshold.

No one-size-fits-all.

The law leaves it to the judge — it’s called ‘judicial discretion’- who must decide whether, based on all the circumstances, your driving posed a serious risk to others.

So, what are those circumstances?

Context Is Everything

Let’s take a simple example.

Scenario A:You're clocked at 120kph in a 100kph zone. It’s 3am.You're on a wide, straight national road. No other cars. No pedestrians. Dry weather.

Scenario B:Same speed — 120kph — but this time it’s 8:30am.You’re on a narrow road near a school. Kids crossing. Traffic building. It’s raining.

Same speed. But in Scenario B?

You’re far more likely to be charged with dangerous driving.

Not because of the speed alone, but because of what could have happened if something had gone wrong.

Judges don’t just punish what happened.

They punish the risk of what could’ve happened.

And in scenario B, the risk is very high.

After all, what would you think?

I’ve Seen Cases Where People Drove Faster and Weren’t Charged

Yes, and I’ve defended them.

In one court, a driver doing 148kph on a motorway was called dangerous.

In another court, 150kph in a performance car on a dry road was treated as “just speeding.”

The difference?

The judge. The road type. The time of day. The perceived danger to the public.

And that’s the part that confuses most people:

It feels arbitrary. Because it kind of is.

Judges Think Differently Than You Do

You might think:

“It was a quiet road.”

“I had control.”

“There was nobody around.”

But judges sit through bad crash cases every week.

They’ve seen how fast things go wrong.

They’ve seen the injured parties in court.

They’ve watched CCTV.

And that changes how they see your driving.

Even if you thought it was just a little fast.

"Speeding is risky.

But not all speeding is dangerous driving.

The problem is: it can become dangerous

at any moment, depending on where you are,

who’s nearby, what the weather was like,

what condition your car is in,

and how the judge sees it"

When Does Speed Alone Become Dangerous Driving?

Technically, speed on its own can be enough — if it creates obvious risk.

Some examples that tip the balance:

• Excessive speed in poor weather

• Speeding through residential areas

• Speed near vulnerable groups (schools, cyclists, elderly pedestrians)

• Speed combined with distractions (e.g., texting, tailgating, racing)

• Speed in a car known to be defective or modified.

And especially:

• Speeding while under the influence of alcohol or drugs

All of those elevate bad driving to very bad driving.

Careless vs Dangerous: Why It Matters

Here’s the reality:

• Careless driving = bad driving.

• Dangerous driving = very bad driving.

Careless driving might get you 5 penalty points and a fine.

Dangerous driving?

That’s a criminal conviction, a 2-year mandatory ban, and all the insurance/job/travel fallout that comes with it.

And in the grey area between the two?

That’s where your solicitor lives.

Arguing for context.

Explaining intent.

Final Thought

Speeding is risky.

But not all speeding is dangerous driving.

The problem is: it can become dangerous at any moment, depending on where you are, who’s nearby, what the weather was like, what condition your car is in, and how the judge sees it.

That’s why two people doing the same speed can face totally different outcomes.

In court, context is everything.

Because the law doesn’t punish the speed alone, it punishes the danger.

You need to prepare well for these cases.

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

And everybody wants to drive home.