Driving whilst on bail?
Discussion
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.
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 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. 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.
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. Are we talking driving offences or just general bail?
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?
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
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. 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.
essayer said:
Yes.
Innocent until proven guilty applies here.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
essayer said:
Yes.
Errr... that's never gonna stand up in court anyway, speed matters, but not that much 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
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.
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.
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.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff