Dangerous driving for excess speed

Dangerous driving for excess speed

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ATM

Original Poster:

18,289 posts

219 months

Saturday 15th April 2017
quotequote all
What's the rules on Dangerous Driving? Can Police charge you with this just for speeding?

Magic919

14,126 posts

201 months

Saturday 15th April 2017
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They do this a lot in Scotland. Might be worth mentioning location for when the experts appear.

ging84

8,897 posts

146 months

Saturday 15th April 2017
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The government set laws with clear maximum penalties for speeding.
Authorities seems to be perfectly entitled to side step these maximum penalties by classifying arbitrary terms like grossly excess speed as dangerous driving so they can send people to prison.

ATM

Original Poster:

18,289 posts

219 months

Saturday 15th April 2017
quotequote all
Magic919 said:
They do this a lot in Scotland. Might be worth mentioning location for when the experts appear.
Warwickshire

Durzel

12,271 posts

168 months

Saturday 15th April 2017
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How fast? What limit? Any other factors you can think of eg aggressive undertaking etc?

ATM

Original Poster:

18,289 posts

219 months

Saturday 15th April 2017
quotequote all
Durzel said:
How fast? What limit? Any other factors you can think of eg aggressive undertaking etc?
110 and yes they saw an undertake

anonymous-user

54 months

Saturday 15th April 2017
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Yes they can, at least as far as I know. IANAL. Dangerous could be a stretch, but then they saw an undertake with excessive speed, so yeah they can go for it if they really want to......

Careless is a much easier one to get landed with.

http://www.cps.gov.uk/news/fact_sheets/dangerous_d...

I'd be talking to a lawyer about now.


Gavia

7,627 posts

91 months

Saturday 15th April 2017
quotequote all
ATM said:
110 and yes they saw an undertake
What does the paperwork that they've given you say?


anonymous-user

54 months

Saturday 15th April 2017
quotequote all
ATM said:
110 and yes they saw an undertake
Was that 'undertake' performed @ 110mph?

ATM

Original Poster:

18,289 posts

219 months

Saturday 15th April 2017
quotequote all
Gavia said:
What does the paperwork that they've given you say?
Dangerous Driving

ATM

Original Poster:

18,289 posts

219 months

Saturday 15th April 2017
quotequote all
280E said:
ATM said:
110 and yes they saw an undertake
Was that 'undertake' performed @ 110mph?
No

I had experienced some agro with the driver of this car earlier. He had brake tested me. I was keeping my distance. As I saw a clear area in lane 1 and he didn't move over I did and went past. This was at maybe executed at 70 - 80 as we had only just left a round about with lights in red and he was not traveling fast. I was then in some clear road and wanted to stretch out some distance from this plonker so there would be no more problems. So I accelerated and then slowed down. This is when the Police caught up with me.

Durzel

12,271 posts

168 months

Saturday 15th April 2017
quotequote all
You will need to speak to a solicitor regardless, but what you've described doesn't sound like a slam dunk DD case, though it could qualify as careless.

The problem is the speed involved plus the undertaking (which in and of itself isn't illegal) looks bad, and the sentencing for DD is - as one might expect - pretty severe, including mandatory minimum disqualification period & extended retest.

ATM

Original Poster:

18,289 posts

219 months

Saturday 15th April 2017
quotequote all
Durzel said:
You will need to speak to a solicitor regardless, but what you've described doesn't sound like a slam dunk DD case, though it could qualify as careless.

The problem is the speed involved plus the undertaking (which in and of itself isn't illegal) looks bad, and the sentencing for DD is - as one might expect - pretty severe, including mandatory minimum disqualification period & extended retest.
How long is the mandatory minimum disqualification - and then after this would I have zero points?

Gavia

7,627 posts

91 months

Saturday 15th April 2017
quotequote all
ATM said:
How long is the mandatory minimum disqualification - and then after this would I have zero points?
You need a solicitor, you're looking at a minimum 12 month ban and extended retest at best. You could be facing jail time as well.

Try this guy http://www.counsel.direct/what-i-do/ you'll need him.

cmaguire

3,589 posts

109 months

Saturday 15th April 2017
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Gavia said:
You need a solicitor, you're looking at a minimum 12 month ban and extended retest at best. You could be facing jail time as well.

Try this guy http://www.counsel.direct/what-i-do/ you'll need him.
Maybe the guy in your second sentence will be along soon to tell you the majority of your first sentence is nonsense.

Gavia

7,627 posts

91 months

Saturday 15th April 2017
quotequote all
cmaguire said:
Gavia said:
You need a solicitor, you're looking at a minimum 12 month ban and extended retest at best. You could be facing jail time as well.

Try this guy http://www.counsel.direct/what-i-do/ you'll need him.
Maybe the guy in your second sentence will be along soon to tell you the majority of your first sentence is nonsense.
Why don't you tell him what the right answer is then, unless it's just you being smug saying "he might be found not guilty", which wouldn't be surprising for this forum.

https://www.sentencingcouncil.org.uk/offences/item...

Edited by Gavia on Saturday 15th April 19:51

Dr Jekyll

23,820 posts

261 months

Saturday 15th April 2017
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If you go to court charged with DD but the court reckons it isn't quite DD, can they still convict for careless? I've heard conflicting opinions.

vonhosen

40,233 posts

217 months

Saturday 15th April 2017
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Dr Jekyll said:
If you go to court charged with DD but the court reckons it isn't quite DD, can they still convict for careless? I've heard conflicting opinions.
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/#a32

Dr Jekyll

23,820 posts

261 months

Saturday 15th April 2017
quotequote all
vonhosen said:
So they might as well charge with dangerous even if it looks more like careless, nothing to lose from their point of view.

ATM

Original Poster:

18,289 posts

219 months

Saturday 14th October 2017
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Finally got a letter through for this just 2 days short of 6 months since it happened. The charges are Careless and Excess speed.