Dangerous driving charge
Discussion
Bare facts, M74 in Scotland, clear traffic, lane 1, clocked at 138mph.
Charge, section 2, dangerous driving.
The driver in question has a lawyer on it but they think, due to the speed, its not good.
Whats the likely outcome of all this and trying to plea this down to a lesser charge. The driver feels its not dangerous due to the fact the traffic was light, there were no nearby junctions and visibility was good
Charge, section 2, dangerous driving.
The driver in question has a lawyer on it but they think, due to the speed, its not good.
Whats the likely outcome of all this and trying to plea this down to a lesser charge. The driver feels its not dangerous due to the fact the traffic was light, there were no nearby junctions and visibility was good
At that speed , a ban is fairly much a certainty . A ban can sometimes be argued against , if it will involve hardship for dependants , or might mean loss of job etc .
The full outcome will depend on any previous convictions ( especially for high speed ) , good representation , any additional factors ( eg - was it dry or wet at the time ) , was it just a brief burst of speed on a quiet stretch of road , or had he been wellying it for miles past slow moving traffic with the bib in pursuit .
Not going to end well , I fear .
If he has a flash ( fast ) car , it can sometimes help to sell it before going to court and say that something more modest will be his mode of transport in future .
The full outcome will depend on any previous convictions ( especially for high speed ) , good representation , any additional factors ( eg - was it dry or wet at the time ) , was it just a brief burst of speed on a quiet stretch of road , or had he been wellying it for miles past slow moving traffic with the bib in pursuit .
Not going to end well , I fear .
If he has a flash ( fast ) car , it can sometimes help to sell it before going to court and say that something more modest will be his mode of transport in future .
Edited by Pontoneer on Tuesday 2nd July 14:41
If the DD charge is purely due to the speed, then I'd aim to attack that on the grounds of road conditions, minimal traffic etc. Even if this is defeated, and you can get it down to 'just' speeding, there will be a lengthy ban in any case, together with a painful fine.
The DD charge is the worry. If you're found guilty of that, then coupled with the fact that you were going double the posted speed limit, a short prison sentence is very likely to follow.
From the CPS website: "Sentencing Range: Non custodial options may be considered, coupled with a long period of disqualification, but usually a custodial penalty is appropriate, especially where a number of aggravating factors combine"
(BTW:I know the M74 is in Scotland, but I assume the driving law's almost identical north of the border.)
(Edited for my inability to spell 'north'!]
The DD charge is the worry. If you're found guilty of that, then coupled with the fact that you were going double the posted speed limit, a short prison sentence is very likely to follow.
From the CPS website: "Sentencing Range: Non custodial options may be considered, coupled with a long period of disqualification, but usually a custodial penalty is appropriate, especially where a number of aggravating factors combine"
(BTW:I know the M74 is in Scotland, but I assume the driving law's almost identical north of the border.)
(Edited for my inability to spell 'north'!]
Edited by longblackcoat on Tuesday 2nd July 15:05
longblackcoat said:
(BTW:I know the M74 is in Scotland, but I assume the driving law's almost identical nother of the border.)
The statute is the same but case law has evolved differently - Scottish courts are rather more willing than English ones to convict people of dangerous driving on the basis of speed alone. They don't seem to have any great enthusiasm for jailing people in this type of case - a ban and an eye-watering fine are more standard, eg here, - but than 138mph is very fast...138mph is very very fast.
Was the road empty, or was their light traffic - you use both phrases.
Hitting that speed when there is any other traffic around is likely to be considered dangerous.
I'd say you'll be lucky to stay out of jail (or suspended)
You'd be very lucky to get back on the road within 3 years.
Was the road empty, or was their light traffic - you use both phrases.
Hitting that speed when there is any other traffic around is likely to be considered dangerous.
I'd say you'll be lucky to stay out of jail (or suspended)
You'd be very lucky to get back on the road within 3 years.
Scotland m74
over 108 mph is classed as
Dangerous driving in scotland (diferent law to england)
up to 18 month ban
up to 2 years watching your ar#e in the shower block
criminal record
re seat your driving test intensively
unlimited fine
guaranteed you will be in Dumfries and galloway criminal court.
your best bet is to call me on the number emailed to you.
I am serving a 4 month ban from the same road, however, there was a lot more to it on my case, such as someone telling porkies. I was up for DaDr and got CaDr with 4 months. Name of coppers that stopped you also.
over 108 mph is classed as
Dangerous driving in scotland (diferent law to england)
up to 18 month ban
up to 2 years watching your ar#e in the shower block
criminal record
re seat your driving test intensively
unlimited fine
guaranteed you will be in Dumfries and galloway criminal court.
your best bet is to call me on the number emailed to you.
I am serving a 4 month ban from the same road, however, there was a lot more to it on my case, such as someone telling porkies. I was up for DaDr and got CaDr with 4 months. Name of coppers that stopped you also.
helmutlaang said:
Tell friend to attend court with a packed suitcase.
Also advice him to take in some soap on a rope to avoid any painful shower scenes.
Being serious though, I have nothing to say apart from good luck!
And be prepared for a big bill if you fight it. Mine cost me over 8k but well worth it.Also advice him to take in some soap on a rope to avoid any painful shower scenes.
Being serious though, I have nothing to say apart from good luck!
jdwcd said:
Scotland m74
over 108 mph is classed as
Dangerous driving in scotland (diferent law to england)
up to 18 month ban
up to 2 years watching your ar#e in the shower block
criminal record
re seat your driving test intensively
unlimited fine
guaranteed you will be in Dumfries and galloway criminal court.
your best bet is to call me on the number emailed to you.
I am serving a 4 month ban from the same road, however, there was a lot more to it on my case, such as someone telling porkies. I was up for DaDr and got CaDr with 4 months. Name of coppers that stopped you also.
I didn't get an email from you? Email me at xxxxxxxxxover 108 mph is classed as
Dangerous driving in scotland (diferent law to england)
up to 18 month ban
up to 2 years watching your ar#e in the shower block
criminal record
re seat your driving test intensively
unlimited fine
guaranteed you will be in Dumfries and galloway criminal court.
your best bet is to call me on the number emailed to you.
I am serving a 4 month ban from the same road, however, there was a lot more to it on my case, such as someone telling porkies. I was up for DaDr and got CaDr with 4 months. Name of coppers that stopped you also.
Edited by st4 on Tuesday 2nd July 17:15
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