Client was driving his sports car on the Pacific Highway, Cowan. In front of him was another sports car that was speeding. Both cars passed police in the opposite direction. Police formed the opinion that both cars were speeding and eventually conducted a u-turn and engaged in a pursuit of both vehicles which had travelled some distance by that time.
Police alleged our client was exceeding the speed by 45 km/h based on their visual estimate and also gave evidence that the client overtook a number of vehicles over double lines on a crest of a hill. Police used these two factors to also charge the client with Driving in a Manner Dangerous.
The client disputed ever exceeding the speed limit by 45 km/h and that he did not overtake on the double lines.
The cross-examination of the experiences highway patrol officers was extensive. The Officers could not provide a rational basis for their estimate of speed. Therefore, the offence of exceeding the speed limit by 45 km/h could not be established beyond a reasonable doubt.
As a result the main and most serious offence of Driving in a Manner Dangerous could not be made out and was dismissed.
Driving in a manner dangerous is a very serious criminal offence. As a ‘first offence’ it carries a maximum $2200 fine, maximum gaol term of 9 months and an automatic disqualification period of 3 years. For advice as to how to defend these matters or mitigate the sentences, contact a solicitor who has vast experience defending charges of Driving in a Manner Dangerous.