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Likely outcome for Careless driving and Section 4 Public Order offence
My son has been charged with driving without due care and attention (to which he has pleaded guilty) and Section 4 Public Order offence (threatening behaviour), to which he has pleaded not guilty, so the case has been adjourned for trial at the Magistrates' court (half a day)
If he is found guilty of this offence, what is the likely outcome of this and the careless driving guilty plea? He has no previous convictions, but he does have a caution for causing damage (a kick) to a car during an altercation with a driver who had cut him up and then flashed a rude gesture at him.
Many thanks for any help.
If he is found guilty of this offence, what is the likely outcome of this and the careless driving guilty plea? He has no previous convictions, but he does have a caution for causing damage (a kick) to a car during an altercation with a driver who had cut him up and then flashed a rude gesture at him.
Many thanks for any help.
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I have recently, posted on here about public order act section 4, as I am on a 4 day trial for it, I am calling 14 witnesses and police are calling 5 officers. my circumstances are very many and all could go 50-50.
Section 4 carries a sentence of upto 6 months in prison however chances are slim if it is not a violent related crime.
Mine was violent, there were 40+ people brawling outside a pub.
Section 4 carries a sentence of upto 6 months in prison however chances are slim if it is not a violent related crime.
Mine was violent, there were 40+ people brawling outside a pub.
Careless driving offences can result in anywhere between 3 and 9 points being added to a licence. See here:
http://www.direct.gov.uk/en/Motoring/DriverLic ensing/EndorsementsAndDisqualifications/DG_100 22425
(If a driver accumulates 6 points within 2 years of first passing their test, their licence is revoked and they have to re-apply for a provisional licence and re-take their driving test. Thereafter the normal rule applies whereby 12 points, all gained within 3 years, normally leads to disqualification).
In the majority of cases, the minimum 3 points are handed out.
Additionally, careless driving is likely to result in a fine. The size of this depends on the seriousness of the offence and the offender's ability to pay but it's likely to be in the range of �100 to �250. On top of that there will be court expenses of, perhaps, �60, and a �15 payment to the victim compensation scheme.
Threatening behaviour might either be dealt with by a fine (of, perhaps �100 to �250) or an order for punishment within the community (e.g. unpaid work), or possibly both. In respect of someone who has already displayed a tendency to aggression and is now before the court for threatening behaviour, it's possible that the court might order attendance at an anger management course. Such a course typically involves several initial one-to-one meetings with a probation officer followed by weekly group meetings (probably each 2 hours long and lasting for perhaps 12 weeks), followed by further one-to-one meetings.
Chris
http://www.direct.gov.uk/en/Motoring/DriverLic ensing/EndorsementsAndDisqualifications/DG_100 22425
(If a driver accumulates 6 points within 2 years of first passing their test, their licence is revoked and they have to re-apply for a provisional licence and re-take their driving test. Thereafter the normal rule applies whereby 12 points, all gained within 3 years, normally leads to disqualification).
In the majority of cases, the minimum 3 points are handed out.
Additionally, careless driving is likely to result in a fine. The size of this depends on the seriousness of the offence and the offender's ability to pay but it's likely to be in the range of �100 to �250. On top of that there will be court expenses of, perhaps, �60, and a �15 payment to the victim compensation scheme.
Threatening behaviour might either be dealt with by a fine (of, perhaps �100 to �250) or an order for punishment within the community (e.g. unpaid work), or possibly both. In respect of someone who has already displayed a tendency to aggression and is now before the court for threatening behaviour, it's possible that the court might order attendance at an anger management course. Such a course typically involves several initial one-to-one meetings with a probation officer followed by weekly group meetings (probably each 2 hours long and lasting for perhaps 12 weeks), followed by further one-to-one meetings.
Chris
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