What happens next if you report someone for dangerous driving? The police will review your report and any footage, and will also check to see if the vehicle and the driver have been reported before. A letter may be sent to the registered owner of the vehicle to warn them of the complaint made against them.
How long do police have to prosecute for dangerous driving?
The police have to send you a notice of intended prosecution within 14 days of the alleged offence (there are exceptions to this rule if you have moved recently etc). The court summons has to be issued within 6 months of the date of the alleged offence.
Can you be fined for dangerous driving?
Dangerous and careless driving have a range of penalties depending on how serious the offence was. At the lower end of the scale, it could be a fine and points on your licence. If the driving was particularly dangerous, or if it hurt or killed somebody, the driver could go to court and face prison.
Is dangerous driving hard to prove?
As dangerous driving is classed as a serious offence, a case can be heard in either the Magistrates or Crown Court. Proving that the standard of driving was so poor that it constitutes dangerous driving rather than careless driving can be difficult for the prosecution.
What is classed as dangerous driving?
Section 117(2) of the Road Transport Act 2013 (NSW) makes it an offence to drive furiously, recklessly, or in a manner or at a speed that endangers the public. The offence does not require proof that an injury occurred. A first offence carries a 9-month maximum term of imprisonment.
What is the average sentence for dangerous driving?
The maximum prison sentence the court can impose for causing death by dangerous driving or careless driving under the influence of drink or drugs is 14 years; for causing death by careless or inconsiderate driving it is five years; and for causing death by driving whilst unlicensed, disqualified or uninsured it is two ...
What evidence do CPS need to charge?
The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
Can the CPS drop charges?
The first way the CPS might drop charges against you is if the prosecution elects to offer no evidence in court. In the vast majority of cases, it is very difficult to re-instigate a case after no evidence is offered and the charge will be dismissed by the court.
How long can CPS take to make a decision?
The CPS will, wherever possible, complete the review and communicate the decision to the victim within an overall review timeframe of 30 working days. In cases where it is not possible to provide a VRR decision within the usual timeframes, for example in more complex cases, the CPS will notify the victim accordingly.
Can you go to jail at arraignment?
Can You Go To Jail At An Arraignment. Yes, if the judge sets the defendants bail at an amount they are not able to pay, the defendant will be taken to jail if they are not in custody going into the arraignment hearing.
On what grounds can a case be dismissed?
Some reasons that a case may be dismissed include findings that: Your conduct did not violate a criminal statute. The prosecution cannot prove that you were engaged in criminal activity. The police violated your rights while investigating the case.
What is the maximum penalty for careless driving?
Careless driving (driving without due care and attention) This could result in a driving ban, an unlimited fine, or a prison sentence of up to five years.
Why do CPS drop charges?
Evidence against you was illegally obtained If the inadmissible evidence forms a large part of the case against you, the Prosecution will not have sufficient evidence to provide a realistic prospect of conviction. As a result, the CPS are likely to drop the charges.
What will happen at my arraignment?
An arraignment is typically the first court proceeding in a criminal case. At the arraignment hearing, defendants are advised of the charges that have been filed as well as their legal and constitutional rights. Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest.