DANGEROUS DRIVING Volume 2
232.8
Disqualification for how long? 3 years or less appropriate
R v Khan 2016 EWCA Crim 675 D pleaded to dangerous driving and excess alcohol. D drove at speeds up
to 70 miles per hour through a 30-mile area and was pursued by police. He went the wrong way in a oneway street, the wrong side of bollards and overtook on blind bends. D eventually crashed into some parked
cars and tried to run away but was caught. He was just over the legal limit for alcohol. D had 26 previous
convictions including one for dangerous driving that also involved a police pursuit, (8 months and 3 years’
disqualification). This was part of a 66-month sentence for possession of a prohibited air weapon and other
charges. He was on licence for this offence at the time of the instant offence. Held. Long periods of
disqualification may be counterproductive and disqualification should not inhibit an offender’s
rehabilitation. On the other hand, there is a need to protect the public. There will be public protection with
the extended driving test which was ordered. 3 years not 5.
232.13 Police chases
R v Lauciskis 2015 EWCA Crim 2185 D pleaded to dangerous driving, driving without insurance, failing
to stop a car and excess alcohol. On a Saturday morning, around 7.30 am, D was driving his car and showing
off to his five passengers by doing handbrake turns in a car park. He then drove through built-up areas at
speed, crossed onto the wrong side of the road, undertook other vehicles and drove through red lights. D
was pursued by a marked police car using its flashing lights and siren. D continued speeding and
undertaking and eventually lost control of his car. This caused the car to face the police car and there was
a minor collision between the cars. D was over twice the legal alcohol limit. D was aged 22 and had no
convictions. The Probation Service assessed him as having a low risk of re-offending. Held. The traffic was
relatively light. We start at 15 months, so with plea, 10 months not 14.
Copyright August 2016
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