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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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What can the lowest charge be of failing to stop police

Resolved Question:

What can the lowest charge be of failing to stop for a police officer and dangerouse driving?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Yes my car was stopped by the police but before the officer got to the vehicle i drove off and left the scene. Therefore he gave chase and is now claiming i was driving dangerously because of excessive speed and the vehicle's lights were switched off. I got away from the police and parked the car up in a residential carpark around half a mile away from where i was stopped. Thst happened around midnight on 24th december. The car has since been seized by the police
Expert:  Jo C. replied 1 year ago.
That is dangerous driving I'm afraid. There is no way around it. I must admit that I don't think speeding alone amounts to dangerous driving but if you combine that with having no lights there is no real challenge.
I wouldn't worry about failing to stop. That just carries points and a fine.
I haven't had full vision of the case against you but there are number of aggravating features that I can see immediately. I would brace yourself to be sent to the Crown Court. You are much better off in the Crown Court though anyway. It is just more intimidating.
The guidelines do not extend to the Crown Court but the medium sentencing bracket recommends a starting point of a custodial sentence. Therefore the highest one must do so as well. I would expect a suspended sentence though and a long period of disqualification unless you have a horrendous record hitherto.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
If i report my car stollen and they find that i was the driver of the vehicle what can that outcome be?
Expert:  Jo C. replied 1 year ago.
They will charge you with perverting the course of justice and you will go to prison for two to five years.
Customer: replied 1 year ago.
So just to clarify i thought i did have my lights on but then its his word against mine. I was not drinking or under the influence i just didnt want the hastle on christmas eve. Would there be any chance of them dropping the dangerous driving to careless driving?
Expert:  Jo C. replied 1 year ago.
There is always an outside chance but not likely on the facts that you describe.
He will be alleging some other form of bad driving. Chases do tend to involve bad driving.
It might be negotiated down but you can't rely on the charge.
The only possible challenge I can think of is how the officer was in a position to see whether your lights were on or not.
Customer: replied 1 year ago.
No he was not in the position of seing me. I could not see his lights so therefore he must not of been able to seen mine. It was no damages done to anything the car is perfect nobody was around the area i just did not want the hastle. So i am looking at a prison sentence because the officer incharge is telling me im just looking at a fine.
Expert:  Jo C. replied 1 year ago.
The guidelines do not extend to the Crown Court but the medium sentencing bracket recommends a starting point of a custodial sentence. Therefore the highest one must do so as well. I would expect a suspended sentence though and a long period of disqualification unless you have a horrendous record hitherto.
There is no prospect of a fine for dangerous driving.
Customer: replied 1 year ago.
I only have 1 previouse conviction witch was 6 years ago of driving under the influence of alcahol
Expert:  Jo C. replied 1 year ago.
Well, that is unhelpful but it is not the worst record. Unfortunately it is quite relevant to the matter in hand.
Customer: replied 1 year ago.
How long is the most i could recieve?
Expert:  Jo C. replied 1 year ago.
Two years.
But they won't give you the maximum sentence. Nobody gets maximums.
Customer: replied 1 year ago.
So what could be the minimum?
Expert:  Jo C. replied 1 year ago.
An absolute discharge. That won't happen either.
Customer: replied 1 year ago.
Wja
Customer: replied 1 year ago.
What if i owned up to driving the vehicle and cooperated with the police would that go in my favour?
Customer: replied 1 year ago.
What is an absolute discharge?
Expert:  Jo C. replied 1 year ago.
A discharge without any conditions. I'm happy to continue with this but please rate my answer.
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