Quizzes & Puzzles10 mins ago
Dangerous Driving
What would the likely outcome be for charges of dangerous driving, driving whilst disqualified, driving without insurance, failure to stop?
Three (willing) passengers in the car. Arrested following a crash in a pursuit. Nobody hurt, car and dry stone wall destroyed. Car driven with permission of the owner (who was also in it, drunk).
The original driving ban was 30d for 130 in a 70 limit, deserted motorway, 3am (bike, if that makes a difference?).
Never been in trouble before - degree, job etc - this was a moment of (extreme) stupidity.
24 years old, had licence since 18yrs old
Currently on bail between magistrates and crown court.
Thank you.
Three (willing) passengers in the car. Arrested following a crash in a pursuit. Nobody hurt, car and dry stone wall destroyed. Car driven with permission of the owner (who was also in it, drunk).
The original driving ban was 30d for 130 in a 70 limit, deserted motorway, 3am (bike, if that makes a difference?).
Never been in trouble before - degree, job etc - this was a moment of (extreme) stupidity.
24 years old, had licence since 18yrs old
Currently on bail between magistrates and crown court.
Thank you.
Answers
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Dangerous Driving (certainly when charged in England & Wales) does not involve a “a moment of (extreme) stupidity.”. It has to involve a prolonged episode of inappropriate driving. The sentencing guidelines are here:
https:/
You can see that the maximum sentence (when sent to the Crown Court) is two year’s custody. You can also see that the offence as you describe it falls into the top category of seriousness (“Driving as described in box above while being pursued). The offence is aggravated (considerably) by the driver being disqualified and the driving resulting in an accident. The matter of insurance is a given as disqualified drivers cannot be insured under any circumstances.
The offence crosses the custody threshold by a country mile. The only question is the length of the custodial sentence and whether it can be suspended. It is impossible to say how a judge will view this but I would gamble (if I had to) on a custodial sentence of up to twelve months. Whether it can be suspended is debatable. He obviously has been in trouble before (hence the disqualification) but his employment may help keep him from prison The driver can also look forward to a ban of at least twelve months (probably longer) and will.l have to take an extended re-test before driving again.
https:/
You can see that the maximum sentence (when sent to the Crown Court) is two year’s custody. You can also see that the offence as you describe it falls into the top category of seriousness (“Driving as described in box above while being pursued). The offence is aggravated (considerably) by the driver being disqualified and the driving resulting in an accident. The matter of insurance is a given as disqualified drivers cannot be insured under any circumstances.
The offence crosses the custody threshold by a country mile. The only question is the length of the custodial sentence and whether it can be suspended. It is impossible to say how a judge will view this but I would gamble (if I had to) on a custodial sentence of up to twelve months. Whether it can be suspended is debatable. He obviously has been in trouble before (hence the disqualification) but his employment may help keep him from prison The driver can also look forward to a ban of at least twelve months (probably longer) and will.l have to take an extended re-test before driving again.
"Magistrate will will have a field day with you. Maybe up it to Crown court for a more severe punishment as deserved."
Must pay attention:
"Currently on bail between magistrates and crown court."
"On these police programmes they usually get a ban and a fine."
Once again, best not to guess when matters of sentencing are involved, ummm. As you can see from the sentencing guidelines, even the least serious of "Dangerous Driving" offences attract a sentence of a Community Order of some sort. A disqualification (minimum twelve months) and an extended re-test are mandatory.
Must pay attention:
"Currently on bail between magistrates and crown court."
"On these police programmes they usually get a ban and a fine."
Once again, best not to guess when matters of sentencing are involved, ummm. As you can see from the sentencing guidelines, even the least serious of "Dangerous Driving" offences attract a sentence of a Community Order of some sort. A disqualification (minimum twelve months) and an extended re-test are mandatory.
None of those offences are 'indictable only' (which would leave magistrates with choice other than to pass the case to the Crown court). So the reason that the case has been passed up to the higher court is almost certainly that the magistrates believe that their sentencing powers wouldn't be sufficient. (Magistrates can impose a custodial sentence of up to 6 months for a single offence or of up to 12 months for multiple offences).
That suggests that the magistrates couldn't see any alternative to a reaonably lengthy term of imprisonment. I suspect that the judge in the Crown court will almost certainly agree that the 'custody threshold' has been passed but its less certain as to whether or not he'll decide that the threshold for suspending the sentence has also been passed.
Based upon many years of reading court reports (and having done a bit of court reporting myself), I'd guess at a sentence of between 12 and 18 months imprisonment, suspended for 2 years. However I wouldn't like to guarantee that the sentence will be suspended, so it might still be wisest to pack a bag.
You'll also receive a further driving ban, of several years, probably together with a requirement to take an extended driving test before you can get your licence back. (When you do get your licence back be ready for some horrendously high insurance quotes too).
That suggests that the magistrates couldn't see any alternative to a reaonably lengthy term of imprisonment. I suspect that the judge in the Crown court will almost certainly agree that the 'custody threshold' has been passed but its less certain as to whether or not he'll decide that the threshold for suspending the sentence has also been passed.
Based upon many years of reading court reports (and having done a bit of court reporting myself), I'd guess at a sentence of between 12 and 18 months imprisonment, suspended for 2 years. However I wouldn't like to guarantee that the sentence will be suspended, so it might still be wisest to pack a bag.
You'll also receive a further driving ban, of several years, probably together with a requirement to take an extended driving test before you can get your licence back. (When you do get your licence back be ready for some horrendously high insurance quotes too).
Thanks guys. I appreciate it.
Sorry for having such a "dramatic" first post. I can (and do) google most things. Googling something like this leads you down the rabbit hole of student forums, other forums (PistonHeads anyone?), Daily Mail headlines, personal anecdotes, 'culpability' 'aggravating factors'... it's like when you google having cramp in your big toe and within two hours you're not sure if it's MS or rheumatoid arthritis, but either way you'll be dead in 15 years. This site I thought I'd get something approaching a reasonable, accurate answer. Which I did, so thank you again.
Sorry for having such a "dramatic" first post. I can (and do) google most things. Googling something like this leads you down the rabbit hole of student forums, other forums (PistonHeads anyone?), Daily Mail headlines, personal anecdotes, 'culpability' 'aggravating factors'... it's like when you google having cramp in your big toe and within two hours you're not sure if it's MS or rheumatoid arthritis, but either way you'll be dead in 15 years. This site I thought I'd get something approaching a reasonable, accurate answer. Which I did, so thank you again.
"(PistonHeads anyone?)"
Pistonheads has one or two knowledgeable and sensible contributors. That's about the best you can say about it. If any of them happen to be looking in you will get good advice. If not you will get a rag-bag of slagging off (either you or the police or both) and general misleading information.
Pistonheads has one or two knowledgeable and sensible contributors. That's about the best you can say about it. If any of them happen to be looking in you will get good advice. If not you will get a rag-bag of slagging off (either you or the police or both) and general misleading information.
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