Offence of Dangerous Driving

[nick boardman]

Has anybody been involved in an incident where the vehicle driver has been charged with ' Dangerous Driving ' ?

I was cycling around a blind corner and hit a car turning right out of his driveway causing a broken collar bone. The police have indicated ' No Further Action ' , but in my opinion the circumstances fit the criteria and CPS guidelines for the offence of Dangerous Driving. By choosing to turn right the driver carried out a dangerous manoeuvre - he took a chance as he couldn't see around the blind bend - instead of simply turning left on the straight road and then turning around about 100 metres away. Of course this would have added 30 seconds to his journey time and his time is more important than a life ( apologies for the sarcasm ).

I'm going to appeal the police inaction so any stated cases or knowledge of incidents where Dangerous Driving was charged would be gratefully received.

 

[I like Skol]

It could equally be argued that you were also cycling dangerously by riding at a speed where you could not stop in the distance you could see to be clear. If it were a blind bend then surely slow and cautious is the answer, in case there is an obstruction or vehicle pulling out of a hidden entrance?

 

[derrick]

The police do not like to prosecute motorist's involved in accidents with cyclist's. My wife got hit on a round about, by a motorist on her mobile phone. the police refused to check her phone then refused to prosecute. i wrote to the police complaints department after many exchanges of emails they said they would put her on a drivers awareness course. What a load of tossers.

 

[Bonefish Blues]

Seems like careless is the maximum you could expect. Random internet quote:

In the jargon, you're guilty of a careless driving offence if you drive a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.

 

[mjr]

It could equally be argued that you were also cycling dangerously by riding at a speed where you could not stop in the distance you could see to be clear. If it were a blind bend then surely slow and cautious is the answer, in case there is an obstruction or vehicle pulling out of a hidden entrance?

More or less agree except I'd say it was careless cycling rather than dangerous. Sorry OP, but I think you could be open to prosecution too, so I'd leave this one alone unless you think you could defend it better than the motorist, especially at the moment when any jury or bench in most of the country is much less likely to cycle than drive. There are far more clear-cut incidents which go unpunished - if you want to help change things, rather than use your case, I'd put equivalent time into cycle campaigning or a donation to the cyclists defence fund.

 

[RichK]

I suggested the driver of the moped that hit me should be prosecuted for dangerous driving (at excessive speed round a blind bend on a pathway where motor vehicles are explicitly prohibited). He pleaded guilty to driving without due care & attention (along with no ved, no mot, no licence, no insurance & failure to stop). I've no idea where/when the charges were agreed.

 

[iluvmybike]

Seems like careless is the maximum you could expect. Random internet quote:

In the jargon, you're guilty of a careless driving offence if you drive a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.

I;'d agree that would be the charge if there were to be one as 'dangerous' implies an intent to carry out something you know may have a bad outcome - which doesn't seem to be the case here from the info given - but it sounds as though both may have been at fault - as someone says it it was a blind bend everyone needs to take care and go slowly. Its just an unfortunate accident. Pursuing these things unnecessarily wastes valuable police time & resources.

 

[brucers]

On the face of it if the driver had been turning left the car would have still been occupying almost the same area of road where the impact took place.

 

[alicat]

It would have been dangerous driving if the driver had driven out of the driveway and turned right as fast as he could and without looking left or right or having any intention to stop. Having his eyes blindfolded would have also helped a prosecution.

At best the police would charge with driving without due care and attention or more likely and usefully send on a driver awareness course.

 

[mjr]

On the face of it if the driver had been turning left the car would have still been occupying almost the same area of road where the impact took place.

Depends on the road width, Shirley?

 

[NickNick]

From what you've described, it definitely wouldn't meet criteria for dangerous driving and doubt it would meet the threshold for careless/without due care& attention as it would be impossible to prove that the driver pulled out without looking. CPS aren't going to lay charges if there isn't a reasonable chance of conviction.

As others have mentioned it might also be that you were going too fast for a blind corner which would further muddy the water. They are less than keen on charging drivers in much more clear cut cases. I got knocked onto a bonnet when going round a roundabout a month or so back, driver clearly at fault and dangerous/incompetent, but as I wasn't injured (due to sheer luck of holding on to bonnet, she would have killed/maimed me if i had slipped off) they didn't want to know.

 

[Drago]

From my considerable experience investigating such matters, going from the brief scenario described I would suggest it wouldn't meet the threshold test for DD. As the aggrieved and the witness the first thing CPS will do will be to examine your actions to establish that you did nothing to contribute to the outcome, and that you are credible as a witness. You will, sadly, fall at then first hurdle as you failed to exercise due caution on a blind corner, and failed in your duty to ride at a speed which would allow you to stop in the distance you can actually see to be clear.

There may be a slim case for knocking off the driver of car 1 for careless, but your riding would likely meet the same criteria, undermining your credibility as a witness and apportioning a degree of culpability to you, therefore it wouldn't meet the public interest test.

Suck it up, screw the insurers for every penny instead, and take more care when you can't see what's ahead. Good luck.

 

[Profpointy]

Presumably if the driver.had turned left the OP would have cycled up his arse rather than into his side. Would that have been OK ?

Or did the op ride up his arse as he'd not yet accelerated away. in which case would the op have hit him if he'd, say, just stopped because of a hazzard?

 

[jefmcg]

I was cycling around a blind corner and hit a car turning right out of his driveway causing a broken collar bone.

Don't cycle (or drive) around a blind corner so fast you couldn't stop if there was something in the road. I'm with @I like Skol - I think you have committed a more serious traffic offence than the driver.

(sorry about the clavicle, those buggers really hurt )

 

[DaveReading]

A person drives dangerously when:
i) the way they drive falls far below the minimum acceptable standard expected of a competent and careful driver; and
ii) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

http://www.cps.gov.uk/news/fact_sheets/dangerous_driving/