Rebel
Thu, 6 Jan 2011 - 17:37
Ok will try to keep this short, one of the lads i work with had a motoring brainfart and things look glum. We are wondering if you learned people could give an idea of possible sentance.
Facts of case are,
he overtook on the brow of a hill on double whites, the guy he overtook has gave statement that he was doing about 10mph over the limit (nsl) when my colleague came up behind him.
Whilt he was overtaking he saw the car that was oncoming in the dip behind the brow.
He oncoming car had to swerve and crashed into a fence, he paniced and swerved into the car he was overtaking.
He then put his foot down and left the scene.
Hes charged with leaving the scene and dangerous driving, hes had first court appearance and pleaded guilty to leaving the scene but not guilty of dangerous, as he wants them to drop it to due care, though they havent offered to change the charge and his solicitor hasent asked either. So not likely to happen.
We think he has clean license, any ideas on how big a shafting hes likely to get, he did admit everything at interview as well so no wiggle room in our opinion.
BaggieBoy
Thu, 6 Jan 2011 - 18:03
From your description, I would think dangerous would be nailed on. Long ban and huge fine I expect.
AFCNEAL
Thu, 6 Jan 2011 - 18:11
May depend on his circumstances, history etc but teetering close to jail time - hope no-one was injured to any extent.
1-2 year ban, £500-1000 fine and probably an 'enhanced' retest? Could be more if he has been a naughty boy before. Easily less if he's of certain scoial groupings........
Rallyman72
Thu, 6 Jan 2011 - 18:23
I would deffo go for extended retest and quite a lengthy ban. As we do not know the income level it is more difficult to reckon the fine but I'll go with AFC Neal
southpaw82
Thu, 6 Jan 2011 - 19:31
Dangerous driving sounds like the most suitable charge and I would be surprised if it was reduced to careless. Overtaking on the brow of a hill ignoring signs to the contrary certainly fulfils the definition of dangerous driving and is far too serious for careless. He might want to consider an early guilty plea to at least reduce the penalty (if not the inevitable ban).
Aretnap
Thu, 6 Jan 2011 - 19:55
You can see the magistrates' sentencing guidelines
here (specifically pages 120 and 127).
Durzel
Thu, 6 Jan 2011 - 20:12
I suspect any hope he might've had of DWDCA (bearing in mind the guy he was overtaking admitting he was speeding himself) disappeared the moment he caused someone else to crash, collided with the person he was overtaking, and fleeing the scene. Sorry.
The Rookie
Fri, 7 Jan 2011 - 11:08
Careless - not a hope.
Prediction 2 year ban, extended re-test and circa £750 fine as he appears to have plead NG.
Simon
Rebel
Fri, 7 Jan 2011 - 13:04
Thanks for that guys.
spanner345
Fri, 7 Jan 2011 - 13:18
CuriousOrange
Fri, 7 Jan 2011 - 13:52
From those magistrates' guidelines, it looks like the starting point (first-time offender pleading not guilty, and seems closer to the middle excessive speed example than the single incident/no damage example) would be twelve weeks custody!? The accompanying factors all seem to be aggravating (inappropriate attempts to overtake, damage to other vehicles and property). Coupled with the failing to stop, he might be likely be best off changing to guilty as soon as he can and grovelling as otherwise a short custodial sentence might end up being a probability rather than just not impossible.
Though I have to say I'm surprised the guidelines start at quite such a high punishment at that level.
Rebel
Fri, 7 Jan 2011 - 14:42
OUCH
He just had a letter today from his solicitor...they want £2000 off him over the next 5 months to cover his costs of trial etc.....poor lad was in tears telling us that
the ninja
Fri, 7 Jan 2011 - 14:49
can he get legal aid if he's been charged with Dangerous?
failing that, is it really worth having a solicitor when he should be pleading guilty (because he is!) and then asking for leniency (if possible in that situation)
jobo
Fri, 7 Jan 2011 - 14:59
QUOTE (the ninja @ Fri, 7 Jan 2011 - 14:49)
can he get legal aid if he's been charged with Dangerous?
failing that, is it really worth having a solicitor when he should be pleading guilty (because he is!) and then asking for leniency (if possible in that situation)
yes theres every chance he can, but what % dependent on his income expendature etc
Rebel
Fri, 7 Jan 2011 - 18:09
legal aid has been refused, aparantly he was very close to getting sent to crown court but the cps agreed on keeping it in the mags
We are hoping after looking at them guide lines they dont class him in the racing element, as we think the fact he was overtaking someone that was speeding could make them look at that part of sentence guide which starts with 12 weeks jail time.
jobo
Fri, 7 Jan 2011 - 18:20
QUOTE (Rebel @ Fri, 7 Jan 2011 - 18:09)
legal aid has been refused, aparantly he was very close to getting sent to crown court but the cps agreed on keeping it in the mags
the mags can send you down as well, so that not a good reason to refuse legal aid
Rebel
Fri, 7 Jan 2011 - 18:23
sorry if that read wrong, they tryed for legal aid and it was not granted
jobo
Fri, 7 Jan 2011 - 18:29
QUOTE (Rebel @ Fri, 7 Jan 2011 - 18:23)
sorry if that read wrong, they tryed for legal aid and it was not granted
which in its own way is good news, as they accept there is next to no chance of him getting sent down for this
at 5000 k to defend a more or less undefendable case, he wouldnt be a lot worse off at the end of the day if he did it himself,
the only defence he has, it to admit to careless instead, but if his solicitor isnt doing that, what are they do ing for the money ?
BaggieBoy
Fri, 7 Jan 2011 - 19:34
QUOTE (jobo @ Fri, 7 Jan 2011 - 18:29)
at 5000 k to defend a more or less undefendable case, he wouldnt be a lot worse off at the end of the day if he did it himself
It's 2K not 5K (or even 5000K!). Still alot of dosh though...
Logician
Fri, 7 Jan 2011 - 19:48
QUOTE (Rebel @ Fri, 7 Jan 2011 - 18:23)
sorry if that read wrong, they tryed for legal aid and it was not granted
They or he can appeal that to the magistrates themselves. I do not see how it can be said that there is no real prospect of custody, when what he did was above the lowest level of DD, there were aggravating features of driving off, and the starting point of the next level is 12 weeks custody.
Rebel
Fri, 14 Jan 2011 - 21:29
Hes now instructed his solicitor to change his plea and he has an updated court date.
Rebel
Tue, 25 Jan 2011 - 22:21
Ok he was in court today to get sentenced....sadly he was there all day and they never had time to fit him in for the full whack, they did see him but it was juct to take his license away from him and to tell him he was being deferred for 3 weeks and would receive his sentence at that time
Rebel
Tue, 15 Feb 2011 - 13:21
Ok he was in today to get the sentance, the lucky sod got off with 1 year ban with extended retest, 120 hours community service and £85 costs. Though it will be alot longer than a year he isnt driving for..........it took him 18 trys to pass the first time.
The Rookie
Tue, 15 Feb 2011 - 13:51
Given the description of the incident, its probably in HIS best interest not to bother applying for a new licence. However yes, I think he got off fairly lightly.
Simon
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