Dangerous Driving Ban Reduced by 50% by Court of Appeal
28 March 2017
Marcus Croskell acted today for a direct access client who had been convicted at Blackfriars Crown Court for a single offence of dangerous driving. He was acquited of two other separate offences at trial where he was represented by a Q.C. The sentencing judge originally gave him a 3-year disqualification.
The matter was heard on appeal today before Hallett LJ, Davies J and Sir Alan Wilkie in the Court of Appeal in London, who quashed the period of disqualification. The ban was replaced with an 18 month period. For dangerous driving, it is mandatory to have a minimum disqualification of at least 12 months and an extended re-test. The client was found guilty of deliberately driving his Range Rover at another man in a so-called 'road rage' incident, effectively using his car to threaten and intimidate. The jury at trial disbelieved the complainant's account that the driver also hit him.
The sentence was a good result given the serious nature of the driving alleged. To be guilty of an offence under s.2 of the Road Traffice Act 1988, the standard of driving must fall well below that of the reasonable and prudent driver. Clearly, the deliberate use of a large 4x4 as a weapon to threaten and intimidate would amount to dangerous driving and below the level of driving expected of a road user.
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