Road Rage Offences

In today’s society life is increasingly more stressful and motorists can often find themselves targeting their irritation at other road users. Unfortunately, incidents involving violent attacks on motorists, arising in the course of parking or other motoring altercations, are on the increase. However, Courts in England and Wales have made clear, in their sentencing of such offences, that such altercations will not be tolerated and a custodial sentence is almost always inevitable.

Penalty

When a “road rage” offence is alleged a motorist will most commonly find themselves charged with an allegation of common assault. Common assault or battery is the least serious allegation of violence and carries a maximum custodial sentence of 6 months. However, where the injuries alleged are more severe a motorist may be charged with an allegation of causing actual bodily harm (ABH). This is a more serious offence and carries a sentence of 6 months imprisonment at the Magistrates’ Court. However, ABH is an offence that can be dealt with at the Crown Court if the Magistrates (or you) feel it is more appropriate to do so. The Crown Court would have the power to impose a sentence of up to 5 years in prison.

The rules surrounding offences of violence are particularly complex and there are a number of defences that may be put forward. It is therefore important to seek legal advice as early as possible. At Olliers motorlaw we are able to liaise with our general crime department to ensure that you can have two specialist teams working on your case, if the circumstances of your case require it.