Prosecution after a Warning?

[u1s57]

On 19 November I was being stupid and showing my new car off to my mates by doing one handbake turn in the maiddle of the raod. I then mounted the pavement in my car in order to speak to my friends who were set back from the road.

I was (quite rightly) stopped by Police and given a Warning Notice for 'Driving in a Dangerous Manner Over Pavement/Car Park'. I accepted the warning notice and thought that was the end of it.

On 21 December I received a summons for dangerous driving and have to appear at Magistrates Court next week.

Can I still be prosecuted if I have already been given a warning by the roadside? Isn't that punishing me twice?

[Buenchico]

Issuing you with a warning, under Section 59 of the Police Reform Act, was simply a way of ensuring that immediate action could be taken if you continued to drive in the same manner. (i.e. it gave the police powers to seize to your vehicle if you were seen driving in the same way again, without having to wait for a court appearance). It's an entirely different matter to punishing you for the offence that you'd already committed.

Dangerous driving is a serious charge. If dealt with in a magistrates' court, the maximum penalty is a �5000 fine and 6 months imprisonment. If a case is referred to the Crown Court, the maximum penalty is an unlimited fine and 2 years imprisonment.

Admittedly, the chances of you being sent to prison are effectively nil and the fine will probably be much lower than the maximum (possibly around �400 + �60 costs + �15 victim compensation scheme payment) but your biggest concern will probably be the driving ban. Unless there are 'special circumstances' the court must impose a minimum 12 month's driving ban . The court must also order that you won't be permitted to drive again until you've passed an extended driving test.

'Special circumstances' almost certainly won't apply in your case. (For example, the potential loss of your job wouldn't count as 'special circumstances'). So it might be best to start studying the local bus times and saving to pay for your increased insurance premium (which will probably be at least 3 times the current level) when you've passed your extended driving test.

Chris

[david1702198]

ahahahahaha w a n k e r

[figure]

Just wait until Mamjet reads this ....

[Compostella]

Poor old u1s57, he asked a decent question which Buenchico answered.

Then all the yoghurt knitting, sandal wearing, holier than thous come patronising him.

u1s57, bad luck mate. When you look back on life I bet you'll be remembered for having a personality unlike the rest of these carboard cut-outs who never did anything, wrong or otherwise!

I learnt a long time ago not to bother asking questions about motoring on here as they all come out with thier stifled views that they probaly wouldn't have the guts to say to anyone in person.

This site is called answer bank, not judge-me bank.

[CHOPSUEY]

Depends if it was a 180, or full 360 with smoke.

[randyraven]

Buenchico ...have you been to court yet ?
What was the outcome ?

[randyraven]

Sorry I meant u1s57 ...What was the outcome ?

[david1702198]

hey compostella why dont you go and boil your head in a pot of your own p i s s . what do you expect folk who have to cover the cost of these w a n k e r s when insurance policies are up for renewal. t o s s e r

[Compostella]

Dave

You started the last paragraph as a question and it ended up as a statement.

I bet you are the kind of person who takes their own lunch into work.

I couldn't have my point proved any better, thanks mate.