What does this offence mean?

[lonedad]

Im not sure if you can read an authors previous questions but if you can I would really like it if those in the know could read them before answering the following question.

What does driving a mechanically propelled vehicle dangerously on a road contary to section 2 of the road traffic act 1988 and schedule 2 of the road traffic offenders act 1988?

Im sure that the first part is dangerous driving but what is schedule 2?

I received a summons today for the above offence. Ive never been so scared in my entire life )and I have been shot at by angry serbs and iraqis!!). I know I didnt drive dangerously at all and I am gutted, no mortified, that they have done this.

[Ethel]

Section 2 of the Road Traffic is the offence, Schedule 2 of the Road Traffic Offenders Act sets out the penalty,

http://www.opsi.gov.uk/ACTS/acts1988/ukpga_198 80053_en_10#sch2-pt1

[kempie]

Here are the previous posts to provide the background...

http://www.theanswerbank.co.uk/Question472311. html

http://www.theanswerbank.co.uk/Question550154. html

[Ethel]

Your main concern seems to be that you might go to prison.

That isn't going to happen.

If you are absolutely certain you did not press the accelerator instead of the brake and you are convinced you were not driving dangerously, do not plead guilty.

[lonedad]

Thanks both.

Im so scared right now. Im seeing my solicitor tomorrow. When will CPS disclose their evidence? From what I was told at the start of the year, they have no witness statements apart from those who only knew of the accident after it happened and there is no cctv footage. I can only expect that they only have the truck as evidence. They have said that there are no obvious faults to it. My point is that there is a thing called a phantom fault. I've had it happen to me before and I know of it happening to others too.
Ethel, why are you so certain that I wont go to prison? Ive read so much on the internet about people going to prison for dangerous driving.

[Barmaid]

I agree with Ethel and I have said before on a thread in CB that it is unlikely to result in a prison sentence. From what you have said and if you are convicted, it was more of a driving error which came out of what you believed was a fault in your vehicle. It was not a sustained period of bad driving, it was a momentary lapse. You also have good mitigation. There is no evidence of drink, drugs, racing, larking about or mobile phones (and those are the sort of factors which MAY result in a prison sentence).

The CPS should disclose most of their evidence as part of "Advanced Disclosure" either at or prior to the first hearing. There will then be a plea before venue hearing - this is because dangerous driving is a triable either way offence, ie, it can be heard in the magistrates court or in the crown court (Judge and jury). The prosecutor will read the facts and the magistrates will decide whether their sentencing powers are sufficient (if convicted). if they think not, the matter will be adjourned for it to be committed to the Crown Court. If the magistrates accept jurisdiction, you then have the choice of whether to have the case heard in the magistrates court or to elect a crown court hearing. Only your solicitor can advise you on this because the evidence will help him or her form his advice properly.

You should discuss with your solicitor the possibility of obtaining your own expert evidence with regard to the phantom fault and also the possibility of entering alternative pleas (ie CPS may well accept a guilty plea to careless driving).

[lonedad]

Ill chat to my solicitor tomorrow about all this.

I just cant get it off my mind. My doctor has prescribed me anti depressents because he has diagnosed me with post traumatic stress syndrome. My whole life is being consumed by all this. I went to work one day and this happened. Yet I feel guilty for having these feelings because the two who got hurt in the crash are obviously having and worse time than I.
I just want to be there for my daughter but Im not at the moment.
I didnt drive dangerously. I have never had a crash before that day. Im totally gutted at this and just cant operate like i used too.

[lajohn]

Lonedad, you will not go to prison. Ether and Barmaid are very knowledgeable, they know what they are talking about.