In the recent case involving 2 fatalities in a horrific road accident, we at Havilah Legal had the opportunity to examine the legal authorities regarding the offence of Dangerous Driving which is commonly seen in our Courts. The law speaks of driving at a speed or in a manner which is dangerous to the public. Whilst most people equate this to a serious accident or high speed vehicle behaviour, this couldn’t be further from the truth. The quality of the speed or the manner of the driving must be either intrinsically dangerous or in the particular circumstances surrounding the driving, in a real sense potentially dangerous to members of the public which may be on the road or in the vicinity of the driving.
There are places where driving within the speed limit can still be dangerous driving in particular circumstances. So just because you are dropping a child at school or entering or leaving the carpark of the local shopping centre, you are still obliged to drive with due care and attention to ensure that you look after other road users who have a right to expect that you are in control of your vehicle. Another potentially dangerous driving activity is the use of a mobile phone to text or dial, thereby taking your attention away from the road. We have seen first-hand the agonising grief of the family of a victim of dangerous driving and the grief of loving parents forced to watch their son taken into custody to serve a prison sentence for a momentary lapse leading to devastation beyond imagination.
