"Racing" on the public highway followed by an accident - updated with court result
#32
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
"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
#33
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
Les
#34
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.
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.
#35
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.
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.
#36
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.
#37
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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.
#38
**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!
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!
#39
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!
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!
#42
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
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
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.
#43
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.
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.
#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
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
#47
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
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
#48
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.
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.
#49
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
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.
#52
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)
(sorry if the answer is in the thread and I missed it)
#55
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
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
#56
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.
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.
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.
#58
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.
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.
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.
#59
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.
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.
#60
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.