28/06/2016

Most people in today’s society own cars and drive to and from work on a daily basis. Almost every driver will have witnessed road rage in some form. Road rage can cover a wide range of behaviour. A serious incidence of road rage that was reported recently resulted in two young sisters being left paralysed; see the following link for details.

At its lowest level road rage can involve a loss of temper and angry gesturing or shouting at other road users. This type of behaviour would potentially constitute a charge under the Public Order Act 1986.

If aggression is accompanied by associated aggressive driving there is potential for charges of driving without due care and attention, careless and inconsiderate driving, or even dangerous driving. An example of this would be excessive speed, driver tailgating other drivers or deliberately cutting in front of other road users. Disqualification is mandatory in cases of dangerous driving and the offence is treated extremely seriously by the Courts. Prison sentence are often imposed. Disqualification can only be avoided in very limited circumstances.

On occasions actual physical violence can occur, if this happens then charges of assault may be brought as a result of the incident. The use of violence during a road rage incident will be treated as an aggravating feature by a sentencing Court and could result in a custodial sentence.

Every case has two sides however, and specialist advice at the earliest opportunity can significantly alter the outcome of a prosecution for offences of this nature.

If you have been involved in a road rage incident and are worried about the potential consequences then please do not hesitate to contact our crime team immediately.

For further details on this or any aspect of motoring law please contact Rebecca Dulson on 01782 205000 or rebecca.dulson@beswicks.com