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Writer's picturePatrick Horan

What are the penalties for Dangerous Driving?

Updated: Sep 12





Disqualification.

That’s the main penalty and it is automatic.  

This means that if you’re convicted or if you plead guilty to dangerous driving you will be disqualified from driving.


That’s absolutely guaranteed.

The disqualification period is 2 years for a first offence.



"Dangerous driving, like beauty -to butcher a phrase-
is in the eye of the beholder,
as long as you can imagine the ‘beholder’
wearing a black gown and sitting on a bench".

 

Imprisonment is a possibility too, depending on the circumstances.

Maximum period inside is 6 months.

And a fine, that always follows.

The maximum is €5,000.


Will you get a fine like that?


Almost certainly not; it’s the maximum.

Fines for convictions for dangerous driving are usually (for first offenders) somewhere between €400-€800.

 

For example, if you have no previous convictions and there are no aggravating circumstances -like an accident that has caused injury or damage to property- the possibility of jail is remote.


But disqualification from driving for 2 years is mandatory on conviction.

That’s the case if you have previous convictions or if you’ve never been in trouble in your life.

The law is very democratic when it comes to dangerous driving.


Everybody gets disqualified.  

The fine is usually irrelevant for most people: the cost of losing their licence is incalculable.  

 

The good news, sort of.

 

As with all prosecutions, the summons or charge that you receive is an “allegation”.

This means that the State are arguing that you drove dangerously.

Its an allegation, not a fact.


Only a court can find you guilty, not the State.

Just because the State allege that you drove dangerously (or carelessly) that is not proof that you actually did.






 

Not every Judge is alike

 

Dangerous driving, like beauty -to butcher a phrase- is in the eye of the beholder, as long as you can imagine the ‘beholder’ wearing a black gown and sitting on a bench.


But you get the picture.

What one judge may consider to be dangerous, another may regard as just careless.

What’s the difference?


Careless driving is generally regarded as ‘bad’ driving, while dangerous driving is seen as ‘very bad’ driving.

Not very helpful if you’re looking for certainty.

 

Theres also one other crucial difference.

A conviction for careless driving doesn’t result in an automatic disqualification from driving.

A conviction for dangerous driving does.

 

How do you distinguish one from the other?

 

That’s up to the judge to decide ultimately.

They are the ones who decide these things.

Just because the State charge you with dangerous driving, it doesn’t mean that the court will see it that way.


That’s because when the State charge you with dangerous driving this is just an allegation, their argument, if you will.

They’re saying that as far as they are concerned, you drove dangerously.

Whether you actually did or not, is up to the court to decide after it has heard the evidence.    

 

There’s no certain definition of what dangerous driving is, which isn’t ideal for those of you looking for assurance.


Some might look at this as a bad thing.

But it also leaves lots of scope for a judge to decide (based on all the circumstances of the case) whether your driving was either ‘very bad’ (dangerous), or merely ‘bad’ (careless).


That gives you a chance to avoid disqualification as well as the other stuff, like possible jail and a rather large fine.


And that’s a good thing.

 

 

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