motorway undertaking

[smithy69]

I have literally just been caught on the motorway for dangerous driving - I was undertaking. I have 6 point (2 x 3 speeding points) on my license.

Does anyone know what I am up against and have any advice?

Thank you.

[Ethel]

Up to two years imprisonment, 3 - 11 points, an obligatory disqualification, a fine.

And a compulsory extended retest. I can't think of anything you could say in your defence.

[Buenchico]

Ethel has summed up the legal position very well. Unless the court accepts 'special reasons' for not imposing a ban and/or ordering an extended driving re-test, the court must impose a minimum ban of 12 months (and require an extended re-test) for any conviction of dangerous driving. (It's extremely difficult to persuade a court to accept 'special reasons' for not imposing a ban. The potential loss of your job would not be regarded as meeting the criteria).

Your only hope would seem to be to seek the services of a good solicitor to see if he/she can persuade the CPS to drop the charge down to 'careless driving'. The legal definition of 'dangerous driving' is as follows:
"A person drives dangerously when:
The way he drives falls far below what would be expected of a competent and careful driver
AND
It would be obvious to a competent and careful driver that driving in that way would be dangerous"
http://www.cps.gov.uk/legal/section9/chapter_b .html#13
The definition of 'careless driving' is this:
". . . when the accused's driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case"
http://www.cps.gov.uk/legal/section9/chapter_b .html#19
Your solicitor might be able to persuade the CPS that the lesser charge should be applied (or he/she might be able to convince a court to convict you only of careless driving) but that would depend upon the exact circumstances of the offence.

Chris

[riskman]

a couple of years ago there was a motion to make undertaking a legal manouvre (as it is in many countries). Get some facts together, a good solicitor and go for a defence. You don't actually say why you where undertaking - a slower stream of traffic in a right hand lane? (OK) - were you being a prat and cutting in and out (NOT OK) - circumstances may well assist or not - however my personal experience with the police is that they allow for the more obvious (acceptable) reasons for undertaking before stopping motorists - only you know the truth...

[hammerman]

Judging by the fact that you already have 2 speeding convictions and now an impending dangerous driving one too, i would hope the 12 month ban and prison sentance you will hopefully get will give you time to sit back and grow up a bit !!!

[NORMANTHEDOG]

hear,hear.

[jake-the-peg]

Interesting that you've been charged with dangerous and not careless driving.

As Buenchico says get yourself a lawer and discuss section 3.3 of this document with them:

http://www.acpo.police.uk/asp/policies/Data/rd _death_manual_v2_2004_updated_19x04x04.pdf

This cites overtaking on the inside as being evidence for a charge of Careless rather than Dangerous driving.

No promises because it might be out of date or there may be other reasons why your particular case might be seen to be particularly bad. But if I were I'd aim for that.

Careless driving carries 3-9 points so you might well still lose your license but you have a chance of keeping it which you don't with a charge of dangerous driving

[smithy69]

Thank you all for your answers. This is a good website.

This will be my first visit to court so I dont really know the procedure so I guess it would be helpful to get a lawyer.

I was being a prat and undertaking at speed, not in slow moving traffic.

I can handle a 12 month ban, but not prison! What are the chances of getting a prison sentence do you think? Does anyone know of any case histories.

Have a sunny weekend.

[Panic Button]

Methinks this is another wind up.

New user with first post asking a question about driving. Seen it all before.

[Reverandfunk]

No chance of prison

I personally doubt you would get a ban, ignore some of the 100% perfect people on here who have never sped in their lives or broken any laws lol

[smithy69]

This is not a wind up. Why would I wind people up? I don't see the logic there. Anyway thanks for everything. Fingers crossed!

Does anyone want to buy a VW Passat, one careful owner, OK, scatch that....

[hugnie21]

Check out http://www.pepipoo.com

[lewismarshall]

I know a website http://www.keepmylicence.com/ visit here and you can find all road traffic related help for Glasgow & Scotland from experienced lawyers here.
Thanks.....