sbob - Member
bails - Member
So it's a pretty clear case of dangerous driving
No it isn't.
The burden of proof for DD is very high and it is an incredibly hard charge to stick.
Burden of proof. Like a video of a driver failing to give due regard to a cyclist and making an overtaking manouver that could not have been completed safely? That kind of proof?
This:http://www.northamptonchron.co.uk/news/crime/motorist-convicted-of-dangerous-driving-after-being-caught-on-hidden-in-car-camera-1-4855955 led to a conviction for DD, a 12 month ban and 40 hours of community service. And he didn't even run anyone over.
Like I said, if the CPS & police follow their own guidelines then the incident in the OP should have been charged as dangerous driving (obviously, the CPS are reliant on the police sending files in the first place).
Here's a quote from the CPS (http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/)
Dangerous driving includes situations where the driver has of his or her own free will adopted a particular way of driving, and also where there is a substantial error of judgement, that, even if only for a short time, amounts to driving falling far below the required standard. If the driving that caused the danger was taken as a deliberate decision, this would be an aggravating feature of the offence.
The following examples of circumstances that are likely to be characterised as dangerous driving are derived from decided cases and the SGC Definitive Guideline:
racing or competitive driving;
failing to have a proper and safe regard for vulnerable road users such as cyclists, motorcyclists, horse riders, the elderly and pedestrians or when in the vicinity of a pedestrian crossing, hospital, school or residential home;
speed, which is particularly inappropriate for the prevailing road or traffic conditions;
aggressive driving, such as sudden lane changes, cutting into a line of vehicles or driving much too close to the vehicle in front;
disregard of traffic lights and other road signs, which, on an objective analysis, would appear to be deliberate;
disregard of warnings from fellow passengers;
overtaking which could not have been carried out safely;
How is it not dangerous driving?