Statutes
It is a written Law which is formally created by the government. It is a written law or legislation.
Court Hearing is Inevitable for offence under Section 64
Reckless or dangerous driving
Section 64
(1) States that if any person drives a motor vehicle on the road recklessly, or at a speed or manner which is dangerous to the public, having regards to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, OR which might reasonably expected to be , on the road, he shall be guilty of an offence and shall be liable on conviction to a FINE NOT EXCEEDING $3,000 or to IMPRISONMENT For a term NOT EXCEEDING 12 months OR BOTH. In the case of Second or Subsequent offence, to a fine NOT EXCEEDING $5,000 or to the imprisonment for a term not exceeding 2 years or both.
(2) On a second or subsequent conviction under this section, the convicting court shall exercise the power conferred by section 42, disqualification of driving, of ordering that the offender shall be disqualified from holding or obtaining a driving licence unless the court, having regard to the lapse of time since the date of the previous or last previous conviction or for any other special reason, thinks fit to order otherwise.
Meaning: If you are caught the second time, you can be suspended from driving, you will need to surrender your Dirver’s Licence if you are deemed to have committed this offence.
(3) Subsection (2) shall not be construed as affecting the right of the court to exercise the power under section 42, disqualification for driving, on a first conviction.
(4) Where a person is convicted of abetting the commission of an offence under this section and it is proved that he was present in the motor vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purpose of the provisions of Part II relating to disqualification from holding or obtaining driving licences, be deemed to be an offence in connection with the driving of a motor vehicle.
Meaning: The driver will need to be THE ONE DRIVING and no one else to “qualify” for this offence to be excised. In other words, the TP cannot arrest you IF YOU are not the person driving or using the vehicle on the roads.
(5) Any police officer may arrest without warrant any person committing an offence under this section.
Meaning: As long as the TP deem you are driving dangerous, with no warrant, they can arrest you first.
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