Arts & Literature1 min ago
help!! no really
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I am to appear in court to be charged with dangerous driving?I was with a group of 5 at the time (motorcycles) The prossecution have no evidence other than we did A to B (about 40mls) very quickly, so quickly that we must have been driving dangerously.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Was the time taken less than the legal speed limit for the roads, if it was then it would be difficult to prove you were not speeding, but not all speeding is DD. was it daylight good weather no other traffic. The timing was it from one watch or two different timers. Were they accurate, 1 minute error would be an error of 1.5 mph. Could you get a solicitor between you or see the duty solicitor at the court.
For a court to convict a person of dangerous driving, the prosecution has to show that
(i) the way he drives falls far below what would be expected of a competent and careful driver ; and
(ii) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
The Crown Prosecution Service advice to its staff (which is usually based upon the outcomes of test cases) is that 'speed, which is highly inappropriate for the prevailing road or traffic conditions' is an example of the type of driving which should result in a charge of dangerous driving.
If the CPS can show that conditions (i) and (ii), above, are satisfied (having regard to the statement about excessive speed), the court should convict you. However, if you can show that either of the two conditions was not met, the court must acquit you.
http://www.cps.gov.uk/legal/section9/chapter_b .html#14
Chris
(i) the way he drives falls far below what would be expected of a competent and careful driver ; and
(ii) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
The Crown Prosecution Service advice to its staff (which is usually based upon the outcomes of test cases) is that 'speed, which is highly inappropriate for the prevailing road or traffic conditions' is an example of the type of driving which should result in a charge of dangerous driving.
If the CPS can show that conditions (i) and (ii), above, are satisfied (having regard to the statement about excessive speed), the court should convict you. However, if you can show that either of the two conditions was not met, the court must acquit you.
http://www.cps.gov.uk/legal/section9/chapter_b .html#14
Chris
Ok I've asked my wife who is a teacher and she say's I haven't actualy asked a question! So here goes .The police know the time we left and the time we arrived and distance travelled so the only way we could have done that route in said time was by driving dangerously! ps my apologies to seatrout.regards Kev
Why did the police note your time of starting and finishing your journey without following you. If it was just one officer noting your starting time and another your arrival there could be some error in the timings, as I said above. Also the police would have to rule out that you did not take a short cut even if it was over private land or bridle ways, after all you were on motorbikes.
OK I ride an R1 and i have a bit of experience of this. The police love to try and bully you in this situation. They have no evidence at all, they have suposition only. I would blow this out of the water in 5 mins, no brief needed. How did they come to know the start and finish times? did they take everyone's number? how did they know where you where going? how did they get there first to record the time? (they where speeding themselves then! and they wern't following with blues and twos so they are also illegal) How did they measure the distance? How did they know the route you took? can the police do arithmetic? There are more holes than a collander. Plead not guilty and the dangerous driving will not be provable. even the speeding is a bit iffy. This just seems so odd to me I mean can you explain the circumstances in more detail
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