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"Racing" on the public highway followed by an accident - updated with court result

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Old 03 March 2005, 03:48 PM
  #31  
Jye
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Just in case I was misunderstood UB, I never thought that in this case the police were fitting anyone up, I was just replying to Les's post.
Old 03 March 2005, 07:53 PM
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Originally Posted by unclebuck
I'm at a loss to understand what's going on here. Going back to the original post:

"A friend of mine has a son who has only been driving a year (18 years old) and 3 months ago he had a serious accident in a 30mph limit

I only saw one photo of the car a Peugeot 306 but it didn't have one straight panel left, the driveshalfts were out and the engine fell out when the put it onto the recovery truck I'd estimate the actual speed to have been nearer 70mph.

Surely dangerous young tearaways such as this should be prosecuted with the full force of the law, and yet everyone seems hell bent on getting them let off and that the police are in some way trying to 'fit them up'!

UB
Not the case at all. He did what he did and he'll get what he deserves. No-one doubts that. He's not trying to get off of it.
Old 04 March 2005, 11:54 AM
  #33  
Leslie
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And also to clear up any misunderstanding, I was discussing the lad who was not involved in the accident and who may or may not have been racing. If he was then he deserves what he gets, but if he was not he should not get dragged into the affair.

Les
Old 04 March 2005, 01:00 PM
  #34  
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Racing on the Highway is a difficult offence to prove. I tried a few years ago against two foreigners who overtook each other several times and the CPS still wouldn't run it.
In this case, if there is evidence that the second lad (who didn't crash) put his foot down after being overtaken and caught the first lad up and was looking to overtake him, then you could argue that they were racing. The Police need to prove the Mens Ria of the defendents, which is difficult without an admission of guilt.
I would suspect that the pair would be more likely to be charged with dangerous driving. Incidentally, when did all this happen. The second lad could argue that he was not involved in the crash and would therefore need a NIP for dangerous/careless driving within 14 days.
Old 04 March 2005, 01:24 PM
  #35  
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This happened roughly 3 months ago.

I don't believe the other lad put his foot down afterwards or anything like that. As far as I know they were going quickly, my friends son pulled out and overtook his friend then as he cut back in he lost it. Details on how he lost it are very sketchy.

Last edited by Paulo P; 04 March 2005 at 01:26 PM.
Old 04 March 2005, 01:48 PM
  #36  
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The chances are that both lads received a verbal notification of the intention to prosecute when they spoke to police either at the scene or soon afterwards. With this in mind police have 6 months to lay papers.
Old 04 March 2005, 02:08 PM
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Originally Posted by Jye
I personally have been fitted up in court by two coppers, and it's the dirtiest, scummiest thing I have ever had happen to me. The judge summed up, that while he felt my testimony was accurate and faithful, and even though one of the police actually fecked up his testimonty (the PF coached him into changing his story straight away), that he must take the word of two (lying scumbag) police officers over mine.
I remember reading about a court case slightly (and materially) different from that, when it was defendant vs one police witness, and the magistrates said "of course, I'm going to believe the police over you." Conviction was overturned on appeal as this was an illegal act to take by the magistrate, I think as it demonstrated bias (forgotten the precise legal reasoning). Difference to normal was he was stupid enough to say it rather than just think it - and difference to yours was there was only one witness for each side.
Old 14 July 2005, 11:33 AM
  #38  
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**Update**

The guy received a summons this week to appear at Basingstoke Magistrates court for dangerous driving.

I was speaking to his Dad last night and he says his only option given the evidence is for him to plead guilty, the guy doesn't know he's got a summons yet though because he's in Spain with friends!
Old 14 July 2005, 12:45 PM
  #39  
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Originally Posted by paulpalmer
**Update**

The guy received a summons this week to appear at Basingstoke Magistrates court for dangerous driving.

I was speaking to his Dad last night and he says his only option given the evidence is for him to plead guilty, the guy doesn't know he's got a summons yet though because he's in Spain with friends!
I'd warn him not to bother catching his flight home!
Old 14 July 2005, 01:00 PM
  #40  
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lol He's in for a shock. I think his mate (the other driver) is away with him too and they were looking to prosecute him for his part in it too. They're home on Sunday so I'll get to hear some more on either Sunday or Monday when I see my mate.
Old 13 September 2005, 09:38 PM
  #41  
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**UPDATE**

It went to court today and he got a 2 year ban, 180 hours community service and a £118 fine That was all for just dangerous driving too because they dropped the racing charge
Old 13 September 2005, 09:50 PM
  #42  
Iwan
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Originally Posted by paulpalmer
**UPDATE**

It went to court today and he got a 2 year ban, 180 hours community service and a £118 fine That was all for just dangerous driving too because they dropped the racing charge
Bloody hell. When I had my "transgression" a few years back I got 1 year off, £850 fine ( ) and no community service. But that was basically for a very iffy overtaking manouvre with no accident involved.

He'll have to take an extended re-test to get his licence back after the ban expires, they don't just hand it back after the ban for this offence.
Old 13 September 2005, 10:22 PM
  #43  
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Originally Posted by Iwan
Bloody hell. When I had my "transgression" a few years back I got 1 year off, £850 fine ( ) and no community service. But that was basically for a very iffy overtaking manouvre with no accident involved.

He'll have to take an extended re-test to get his licence back after the ban expires, they don't just hand it back after the ban for this offence.
I heard that about the retest afterwards but forgot to post it up What does the extended test involve? I don't think he knows what he has to do for his community service, what do they get you doing? that's alot of community service he's got to do
Old 13 September 2005, 10:34 PM
  #44  
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Shame he hadn't nicked the car.... he would have probably got a less harsh sentence!

Muggers get less community service than that!
Old 13 September 2005, 10:50 PM
  #45  
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IIRC, 180 hours is close to the max number of Community Service they can give before they have to consider a custodial sentence.
Old 13 September 2005, 11:22 PM
  #46  
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Originally Posted by paulpalmer
I heard that about the retest afterwards but forgot to post it up What does the extended test involve? I don't think he knows what he has to do for his community service, what do they get you doing? that's alot of community service he's got to do
one of my lads at work has comunity service after a ban, and things they have had him doing so far include

litter picking at the beach
painting metal fencing
wirebrushing metal fenceing
painting walls
cleaning comunity centres
last sunday he was helping to fit out a new boxing club

basically its any skivvy jobs going, the problem your "mate" will have is that he will be stuck with loads of idiots while he does his "work"

if he keeps his head down and gets on with it he will be fine
Old 13 September 2005, 11:31 PM
  #47  
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Originally Posted by StickyMicky
one of my lads at work has comunity service after a ban, and things they have had him doing so far include

litter picking at the beach
painting metal fencing
wirebrushing metal fenceing
painting walls
cleaning comunity centres
last sunday he was helping to fit out a new boxing club

basically its any skivvy jobs going, the problem your "mate" will have is that he will be stuck with loads of idiots while he does his "work"

if he keeps his head down and gets on with it he will be fine
Not good My mate's son is a very clever (but daft it seems) well educated guy so I can't see that going down well I'm out with his Dad tomorrow so I'll get the full story about what he's got to do.
Old 13 September 2005, 11:34 PM
  #48  
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Originally Posted by NotoriousREV
IIRC, 180 hours is close to the max number of Community Service they can give before they have to consider a custodial sentence.
They said they'd knocked a third off because he'd pleaded guilty and not messed them around. To be honest from the one photo I saw of the car I'd say that he really had no choice He was going to buy a 350z the other week to at only 18 It's got my friend off of the hook for a couple of years because he didn't want him buying that. He was prepared to pay £10k for one years insurance That's just lunacy.

My friend did think his son was going down I thought that was excessive but I was wrong.

Last edited by Paulo P; 13 September 2005 at 11:36 PM.
Old 14 September 2005, 07:40 AM
  #49  
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Originally Posted by paulpalmer
I heard that about the retest afterwards but forgot to post it up What does the extended test involve? I don't think he knows what he has to do for his community service, what do they get you doing? that's alot of community service he's got to do
I didn't get any community service (thank ****!), but oddly my mum (headteacher) has a group of lads doing community service at her school every weekend. They do stuff like weeding, painting fences, fixing stuff, general DIY type things under the guidance of a bloke who's there to tell them what to do and to make sure they don't step out of line (no idea what they've all 'done' see). The stuff they do doesn't seem all that bad really.

The extended re-test is basically the same as a normal driving test, it has the same passmark (12 minor faults??) but you're out on the road being tested for twice as long (I was out for about 1hr 20mins) - so you have twice the opportunity to **** up and make mistakes. It's not hard, but they're just as strict as when you first do your test. I took a couple of refresher lessons with a driving instructor when I did mine (had previously been driving 8 yrs), partly so he could tell me if I was likely to fail on anything (from getting into bad habits) and partly so I could use his driving school car for the re-test.

The re-test costs twice as much as a normal test, but IIRC he won't have to re-take his theory test again - I didn't.

On the plus side, I think it made me a better driver as the fear of losing my licence again (and all that that entails) is imprinted in my mind.

There is a possible custodial sentance for dangerous driving, but I was told by the beak that you have to do something pretty dire to earn that - especially on a first offence. Something like driving the wrong way up a motorway and deliberately ramming a plod car etc.

Old 14 September 2005, 09:01 AM
  #50  
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he can request work more suited to his "skills". mate landed a cushy number in a charity shop.
Old 14 September 2005, 09:13 AM
  #51  
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What happened to the other driver who was overtaken?

(sorry if the answer is in the thread and I missed it)
Old 14 September 2005, 09:37 AM
  #52  
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Originally Posted by David Lock
What happened to the other driver who was overtaken?

(sorry if the answer is in the thread and I missed it)
He's pleading not guilty to dangerous driving so that's being dealt with by a different court on a different day I thought it was being sorted out yesterday at the same court
Old 14 September 2005, 09:39 AM
  #53  
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Originally Posted by jjones
he can request work more suited to his "skills". mate landed a cushy number in a charity shop.
I'd say that his skills aren't too physical I think that's what he'll be hoping for.
Old 14 September 2005, 09:41 AM
  #54  
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If he's clever, can he offer to teach youngsters at a youth club? (Dunno what subject...)
Old 14 September 2005, 09:50 AM
  #55  
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I don't mean to sound preachy but hopefully he has learned his lesson. I know I did!!

When I was 18 I was caught speeding (72mph in a 30 zone) and I got 6 points and £120 fine. This was obviously in my first two year of driving so I had to apply for my provisional liscense again and retake both the theory and practical tests. It's bad enough going through that procedure once!!

In all honesty I hope that this chap bounces back from what was a stupid mistake (and we've all been there). Good luck to him in the future!

Ben
Old 14 September 2005, 09:53 AM
  #56  
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Originally Posted by Iwan
I didn't get any community service (thank ****!), but oddly my mum (headteacher) has a group of lads doing community service at her school every weekend. They do stuff like weeding, painting fences, fixing stuff, general DIY type things under the guidance of a bloke who's there to tell them what to do and to make sure they don't step out of line (no idea what they've all 'done' see). The stuff they do doesn't seem all that bad really.

The extended re-test is basically the same as a normal driving test, it has the same passmark (12 minor faults??) but you're out on the road being tested for twice as long (I was out for about 1hr 20mins) - so you have twice the opportunity to **** up and make mistakes. It's not hard, but they're just as strict as when you first do your test. I took a couple of refresher lessons with a driving instructor when I did mine (had previously been driving 8 yrs), partly so he could tell me if I was likely to fail on anything (from getting into bad habits) and partly so I could use his driving school car for the re-test.

The re-test costs twice as much as a normal test, but IIRC he won't have to re-take his theory test again - I didn't.

On the plus side, I think it made me a better driver as the fear of losing my licence again (and all that that entails) is imprinted in my mind.

There is a possible custodial sentance for dangerous driving, but I was told by the beak that you have to do something pretty dire to earn that - especially on a first offence. Something like driving the wrong way up a motorway and deliberately ramming a plod car etc.

I thought that they'd make you do the written test again too just to make it really difficult.

His Dad really hopes that it's taught him a lesson, he was getting concerned the other week with talks of buying fast cars considering what happened. Just after he passed his test he wanted a civic type r I guess he'll be back in a fiesta when he gets his license back.

If he ends up working with a load of ******* I can't see that going well, he's just finished private school etc I guess he shouldn't have tried to be flash.
Old 14 September 2005, 09:56 AM
  #57  
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Originally Posted by ben1413
(and we've all been there
That's the scarey thing I've done plenty of silly things when I was younger and it luckily never ended up in an accident. It only takes one silly mistake
Old 14 September 2005, 11:47 AM
  #58  
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Originally Posted by paulpalmer
I thought that they'd make you do the written test again too just to make it really difficult.

His Dad really hopes that it's taught him a lesson, he was getting concerned the other week with talks of buying fast cars considering what happened. Just after he passed his test he wanted a civic type r I guess he'll be back in a fiesta when he gets his license back.

If he ends up working with a load of ******* I can't see that going well, he's just finished private school etc I guess he shouldn't have tried to be flash.
Actually thinking back (7 years ago now so getting hazy) - I did have to do the theory test (I got 35/35) before I could apply to take the extended re-test. I did my bike test (intensive DAS course) shortly after getting my car licence back, I didn't have to do the theory test for bikes as I'd already just done it to get my car licence back.

I certainly learned my lesson, lets hope he does too. Of course there are plenty of people who would just see this as 'the end' and carry on driving with no licence/insurance etc.
Old 14 September 2005, 12:11 PM
  #59  
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His Dad already said to me that he was having the car keys anyway but now he said that he's going to sell his car because there's no point in having it sat there for 2 years rotting. It took them a while to find a nice example of this one though after he wrote of the not so nice one

I might go for a beer with my mate later and get the full rundown on what happens next. I'm sure he'll be looking into it today.
Old 26 September 2005, 08:56 PM
  #60  
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The extended test is just longer it takes about an hour and uses more A roads etc.Also he will have to perform all 5 monuvers.The testing standard is just the same as the normal l test they are just looking for a longer concentration span.


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