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Sentencing for Dangerous driving?

(20 Posts)
easymover Sun 19-Jul-09 14:02:58

Some one i know was at crown court last week for dangerous driving.(some one was badly hurt but will make a full recoverey thank goodness)They have been bailed till a later this year for sentencing.In the mean time the court has asked for caracter ref.Any one know who can give these ref?
Any idea what kind of sentence he/she may get.They have never been in any kind of trouble before.

higgle Sun 19-Jul-09 14:45:15

Dangerous driving covers a very wide spectrum, and at its worst can carry a prison sentence.The judge should have given some indication when ordering any reports required for the sentencing hearing what sort of penalty they had in mind. If the case went to the Crown Court from the magistrates court for sentence, rather than trial this is also an indication it is a very serious matter. Anyone who is an upright and respected member of the community could give a character reference - employer, old school teacher, vicar, or someone involved with a football or youth club where the defendant is involved. Of course they need to be truthful and if they attend may be cross examined (though this is rare) on what they say. Without knowing more it is difficult to offer constructive help, but in the proceedings the court will have heard a lot of negatives things about the person being irresponsible etc. etc. a good character reference can redress the balance a bit by putting forward all the positive things. In addition the defendant should write a personal letter of apology to the court - from the heart - and if they are in work should be sure the court knows all about that as the court is always reluctant to take someones livlihood away, especially if they have a family. I practiced as a criminal defence solicitor for 23 years before changing career, so if you need any more informatin I'd be pleased to help.

easymover Sun 19-Jul-09 15:00:00

Thank you higgle.
I will try and give a idea of the case.A and B with for after work drink/s.(i hate drink driving so have found it very hard to give support)Both then drive home in work vans.B tries to over take A coming upto a hill.A goes faster to stop B getting in front.They go over the top of the hill and there is a line of traffic at road works/temp traffic lights.A hits the back of a car with B going into A.A person(C) has to be cut from the car and taken to hospital with a police escort.C has now made a full recovery.
A and B were breathe allised at the road side.B was over the limit,A wasn't.(It is A that i know.)He pleaded not guilty at magistrates court so was sent to crown.He has now pleaded guilty.
Not that it makes much difference but there was no warning signs to say temp traffic lights.A is 19 with a full time job.

easymover Sun 19-Jul-09 15:00:46

went for a drink not with sorry

higgle Sun 19-Jul-09 15:12:59

So, A. wasn't over the drink drive limit; B started the stupid behaviour by trying to overtake him, but A then drives into third party at the lights injuring C. If A. has not got any previous convictions for anything similar and can get a reference from work I suspect a hefty community sentence including some Community Service willbe the result. There will be a driving ban of 12 months (more if a bad case) and he will have to take an extended driving test before he can get back on the road again. He can also expect to have to pay costs, and depending on the sentence possibly a fine too. However - his legal team should prepare to the best of their ability or the hearing, custody cannot ever be ruled out entirely and A. must really give it h;is ;;best shot with references, apology, character reference and turning up for court looking neat, and very sorry. Hope this helps.

AgentCodyBanks Sun 19-Jul-09 15:14:40

YY the ban will depend on how much over.
Presume they have asked Probation to make a report. Is custody likely?

HecatesTwopenceworth Sun 19-Jul-09 15:14:46

What a pair of bloody idiots.

Are they at least sorry for their stupidity? Learned a lesson?

AgentCodyBanks Sun 19-Jul-09 15:15:43

Surely he went to crown becuase it was so serious or elected trial by jury?

higgle Sun 19-Jul-09 15:43:40

So, A. wasn't over the drink drive limit; B started the stupid behaviour by trying to overtake him, but A then drives into third party at the lights injuring C. If A. has not got any previous convictions for anything similar and can get a reference from work I suspect a hefty community sentence including some Community Service willbe the result. There will be a driving ban of 12 months (more if a bad case) and he will have to take an extended driving test before he can get back on the road again. He can also expect to have to pay costs, and depending on the sentence possibly a fine too. However - his legal team should prepare to the best of their ability or the hearing, custody cannot ever be ruled out entirely and A. must really give it h;is ;;best shot with references, apology, character reference and turning up for court looking neat, and very sorry. Hope this helps.

easymover Sun 19-Jul-09 16:56:16

I fully agree HecatesTwopenceworth. What a pair of bloody idiots.
I don't know B so can't say for him but i know A.A is very sorry for the part he played and is so glad he decided to have soft drinks after having one pint.But fully understands some one else got hurt because of him.
Thank you higgle for your reply.
Hopefully he will not get a jail term.
AgentCodyBanks it was sent to Crown because he pleaded not guilty.There were some things being said that just weren't true.So he was told by his lawyer to plead not guilty and to go to crown.Not sure why he changed his plea.

sarah293 Sun 19-Jul-09 17:00:47

Message withdrawn

easymover Sun 19-Jul-09 17:13:05

Riven i totally agree with you.I'm not saying they should get away with what they did.But specking for A only(don't know B)he hadn't even be in side a police station before let a lone a court.I know he is very sorry,not only for what happen but for all the stress this as coursed his family too.
I also hope he gets a large fine and ban,i just hope he doesn't get sent to jail.
I'm also aware that if i knew the person injured i might not be has forgiving.

AgentCodyBanks Sun 19-Jul-09 17:18:25

But could he not have been tried in a Mag court then?It can be tried either way. The guidleines say that its crown court ONLY if " there was "prolonged bad driving in a built up area, dliebrate disregard for others and showing off and or being pursued by poice"
He MUST be disqualled for at least 12 months with the retest otional.
From what I see about the facts ( and am not there) I think he faces the potential of custody.

max crown court is 2 years.

AgentCodyBanks Sun 19-Jul-09 17:24:09

There might be a vitctim impact statement from the IP.

easymover Sun 19-Jul-09 17:44:44

From what i know he was adviced to go to Crown Court by his lawyer.They were afew false statement from witnesses and one from a police officers.Not sure if i should go into that here.The lawyer told him he would get a fairer trail at crown.But now they feel let down by the lawyer.Not sure what happened.Now he has been bailed before sentencing.
Can i just add i'm not defending what A did.

AgentCodyBanks Sun 19-Jul-09 17:52:33

no sure , I didn't think he did.

AgentCodyBanks Sun 19-Jul-09 17:52:47

not he, you.

AgentCodyBanks Sun 19-Jul-09 18:01:36

He might have advised him becuase they haev reduced the amount of legal aid they give out for cases in the MAg court, so I hear, and so a lot of solicitors are encoraging people to go to crown... and it all ends up costing the tax payer more.

higgle Mon 20-Jul-09 06:57:49

A. had the right to ask the crown court to try his case - usually better to go to crown court if you are seriously pleading not guilty as more chance of an acquittal in front of a jury than magistrates. However if you plead not guilty and go to crown court the prosecution often review the case, plug all the holes in thier arguments etc. and the quite a few people then have to seriously think about changing plea to guilty.All is not lost when this happens, it is often better to be seen as a less serious case in the Crown Court than the most serious case in the Magistrates court. For someone of good previous character, in work and no serious injury caused I think talking about 2 years is scaremongering. Probably high middle/ top end non custodial.

easymover Mon 20-Jul-09 09:19:21

Once again Thank you higgle.I really do hope you are right and he gets a non custodial sentence.He knows he was very stupid and he is very very sorry.The only thing he can do now is hope.

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