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keemaklan

Original Poster:

228 posts

38 months

[news] 
Tuesday 20th March 2012 quote quote all
Me and my friend were talking when randomly we get onto the subject of bad driving etc and then onto prosecution of drink driving/dangerous driving and even death by dangerous driving. I was under the assumption that you can NOT drive if you are on bail for any motoring convictions, regardless of bail conditions or the lack of them. My friend seems to think otherwise as 'You're innocent until proven guilty' so what do the PH wise think?

Can you drive legally if you're on bail for a serious driving offence?

The internet doesn't conjure up much on the subject so put us out of our misery and let me prove myself right (as usual)....


Thanks,

Keema.

Carnage

697 posts

120 months

[news] 
Tuesday 20th March 2012 quote quote all
Sorry - your mate's right!

You can drive until conviction, when a court may impose a discretionary disqualification pending sentence. Example - you're convicted of dangerous driving, bailed for pre-sentence reports, but disqualified in the interim.

Zeeky

2,519 posts

100 months

[news] 
Tuesday 20th March 2012 quote quote all
My guess as I don't know, is that the court might impose a restriction of not driving on someone accused of a bad driving offence if the prosecution successfully argue for one. Indeed the court might even remand the accused in custody to prevent him driving.

Starfighter

1,418 posts

66 months

[news] 
Tuesday 20th March 2012 quote quote all
Plenty of cases where a person is bailed to appear on a serious driving offence and required to attend due to a likely disqualification.

Are we talking driving offences or just general bail?

keemaklan

Original Poster:

228 posts

38 months

[news] 
Tuesday 20th March 2012 quote quote all
Carnage said:
Sorry - your mate's right!

You can drive until conviction, when a court may impose a discretionary disqualification pending sentence. Example - you're convicted of dangerous driving, bailed for pre-sentence reports, but disqualified in the interim.
I hope your wrong otherwise this is going to be quite embarrassing for me. I only just stopped calling him a 'dumb fat p-rick' a few minutes ago for going against what I said.


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keemaklan

Original Poster:

228 posts

38 months

[news] 
Tuesday 20th March 2012 quote quote all
Starfighter said:
Plenty of cases where a person is bailed to appear on a serious driving offence and required to attend due to a likely disqualification.

Are we talking driving offences or just general bail?
er, don't quite understand what you mean.

Lets put it like this: Mr X is speeding excessively and someone dies because of his speed. He has now been charged for Death by dangerous driving. He has been bailed to return to court at a later date. Whilst on bail, can he drive legally even if he has no bail restrictions?




essayer

2,283 posts

82 months

[news] 
Tuesday 20th March 2012 quote quote all
Yes.

keemaklan said:
Lets put it like this: Mr X is alleged to have been speeding excessively and someone dies allegedly because of his speed. He has now been charged for Death by dangerous driving. He has been bailed to return to court at a later date to be trialled before his peers. Whilst on bail and not guilty of anything, can he drive legally even if he has no bail restrictions?
Edited by essayer on Tuesday 20th March 22:02

matchmaker

4,509 posts

88 months

[news] 
Tuesday 20th March 2012 quote quote all
keemaklan said:
Carnage said:
Sorry - your mate's right!

You can drive until conviction, when a court may impose a discretionary disqualification pending sentence. Example - you're convicted of dangerous driving, bailed for pre-sentence reports, but disqualified in the interim.
I hope your wrong otherwise this is going to be quite embarrassing for me. I only just stopped calling him a 'dumb fat p-rick' a few minutes ago for going against what I said.
Prepare to be embarrassed...........your mate is correct. Unless not driving is a specific bail condition or an interim disqualification is imposed you can drive. Of course if you get caught speeding meantime you have technically breached bail conditions and committed two further offences.................

keemaklan

Original Poster:

228 posts

38 months

[news] 
Tuesday 20th March 2012 quote quote all

Nicely put Essayer...

Thanks for all your input. I suppose I'll just have to swallow this one and accept I was wrong.

or just pretend I never asked on PH and he'll probably forget after a day, leaving my ego intact.




banghead

Carnage

697 posts

120 months

[news] 
Tuesday 20th March 2012 quote quote all
keemaklan said:
I hope your wrong otherwise this is going to be quite embarrassing for me. I only just stopped calling him a 'dumb fat p-rick' a few minutes ago for going against what I said.
I'm not! Bad luck ;-)

davepoth

23,543 posts

87 months

[news] 
Tuesday 20th March 2012 quote quote all
essayer said:
Yes.

keemaklan said:
Lets put it like this: Mr X is alleged to have been speeding excessively and someone dies allegedly because of his speed. He has now been charged for Death by dangerous driving. He has been bailed to return to court at a later date to be trialled before his peers. Whilst on bail and not guilty of anything, can he drive legally even if he has no bail restrictions?
Edited by essayer on Tuesday 20th March 22:02
Innocent until proven guilty applies here.

simoid

13,303 posts

46 months

[news] 
Tuesday 20th March 2012 quote quote all
essayer said:
Yes.

keemaklan said:
Lets put it like this: Mr X is alleged to have been speeding excessively and someone dies allegedlybecause of his speed.
Edited by essayer on Tuesday 20th March 22:02
Errr... that's never gonna stand up in court anyway, speed matters, but not that much wink

Ki3r

2,876 posts

47 months

[news] 
Wednesday 21st March 2012 quote quote all
I seem to remember on Road Wars a buy was arrested for being over the limit, breath test machine at the station was broken so had to go to bloods. He was released on bail and told not to drive that day, yet did. They saw him later, pulled him over again and he was under this time so allowed on his way.

daz3210

5,000 posts

128 months

[news] 
Wednesday 21st March 2012 quote quote all
If you were not allowed to drive while on bail, they wouldn't tell a drink driver not to take his car to court on the day of sentence because once banned he cannot take it home. They would simply tell him not to drive.


dingg

1,130 posts

107 months

[news] 
Wednesday 21st March 2012 quote quote all
errr

innocent until proven guilty


fundamental to uk law

daz3210

5,000 posts

128 months

[news] 
Wednesday 21st March 2012 quote quote all
dingg said:
errr

innocent until proven guilty


fundamental to uk law
Except with some motoring offences though.

You get zapped by a scamera, seems its down to you to prove it wasn't you.

Thats guilty until proven innocent.


10 Pence Short

32,880 posts

105 months

[news] 
Wednesday 21st March 2012 quote quote all
Whilst being prosecuted for Dangerous Driving there was never any suggestion of a driving ban being part of the bail conditions.

Once I had plead guilty in Crown Court, there is usually an interim ban put in place for the time between then and sentencing (as from that point you have been convicted). I was allowed to continue driving though, to help me put my affairs in order before going to jail, which was unopposed by the CPS.

It would be very unusual for bail conditions to preclude driving.
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