Racing

With an excellent track record on motoring offences we can help you now if you call one of our specialist road traffic solicitors now for FREE initial advice.

The allegation of speeding is difficult for the prosecution to prove and if you do not believe you were racing then you should contact us straight away whether you have been charged or not. The earlier you seek advice the better for your defence. Remember our initial advice is free.

Andrea, our CEO was a road traffic specialist in her time with the Crown Prosecution Service (CPS) not only does she understand the CPS systems completely she has dealt with thousands of serious road traffic cases and is one of the top in her field of expertise.

You are not alone. Here, at Auriga Advocates, we help you through the process each step of the way. You can discuss your options and alleviate your fears straight away by calling one of our specialist dangerous driving solicitors on 08000 55 66 31 for FREE initial advice.

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The definition of an offence of racing is found under S12 Road Traffic Act 1988

1) A person who promotes or takes part in a race or trial of speed between motor vehicles on a public way is guilty of an offence” 

The offence of racing carries a penalty of a level 4 fine (max £2500) a mandatory disqualification / 3-11 points if a disqualification is not imposed.  

Caselaw (Ferrari v McNaughton 1979 SLT) states that there is no requirement for a race to be pre-arranged it may still be considered “racing” if it has arisen spontaneously.  

In the case of Hunter v Frame 2004 it was decided that the term “race” should be give its ordinary meaning. In that case the defendant’s had driven over the speed limit 40-60 mph in a 15mph limit. Often pulling up side by side and pulling in front of each other. Whilst this may well be considered dangerous driving it was not racing. Racing by definition is a competition and driving side by side or dropping in behind cannot be considered as driving to win so any suggestion of racing would have been “speculative”.

Each case will have to be assessed on its merits and fact, proving racing is difficult for the prosecution unless there is clear evidence of promotion or organisation of racing? 

The offence includes anyone who promotes or takes part in a race or trial of speed so it could include the organisers, timekeepers, stewards and potentially passengers as well as the drivers.  

Yes, as racing is difficult to prove the prosecution are likely to look at alternative offences such as ;

  1. Careless driving
  2. Driving without reasonable consideration
  3. Dangerous driving
  4. Speeding

Which offence would be charged will depend on the circumstances of each case.

  • We can help to alleviate all the worry and anxiety that facing an offence of racing can cause by giving free initial advice.
  • We can support you even before you are charged by providing representation at a police interview.
  • We can make representations as to the level of charge or even discontinuance
  • We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
  • We will keep you informed every step of the way.
  • We will answer all of your questions and concerns.
  • We ensure that you get the best representation in court because we only used advocates we know and trust.
  • If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert representation to secure the best result possible
  • We will listen and support you all the way without extra charge
  • We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.