Legal News

A man has been convicted of breaching a Black Country-wide ban on car cruising – and for driving at a police officer in a threatening manner.

On Wednesday 2 August 2017, Luke Smith, 19, of Best Road in Bilston appeared before the High Court sitting in Birmingham, where he admitted the breach, after participating in a car cruise in Bilston on Sunday 14 May, 2017.

The court was told that Smith was riding a black quad bike in the convoy which travelled along the Black Country Route, Coseley Road, High Street, Millfields Road, Dudley Street and Lichfield Street – as well as on grassland to the rear of South Wolverhampton and Bilston Academy.

The car cruise comprised up to 30 vehicles at any one time, with Smith present at each location.

The court also heard that Smith drove at PC Stuart Hemming “at speed”, who had spotted the convoy and raised his arm towards Smith in a gesture to stop.
PC Hemming had to take evasive action and jump out of the way of Smith's vehicle “for his own safety”.

Smith admitted breaching the injunction in five ways – by participating in a car cruise, by using threatening and intimidating behaviour, by driving in a moving convoy, by causing an obstruction and by speeding.

The court heard that he was of previous good character and had not been in trouble with the police before.

However, warning that Smith could very easily have been facing a jail term, His Honour Judge McKenna said:

“Car cruising is dangerous and puts the public and other road users at risk.

“The courts take breach of the injunction seriously – and others of a similar mindset must be deterred from seeking to act in this way.

“The defendant must be in no doubt of the seriousness of these breaches – and must be in no doubt that this matter well exceeds the custody thresholds.

“By the narrowest of margins, in light of the defendant's mitigation, the court will not impose an immediate custodial sentence.”

Instead, Smith was sentenced to six months for intimidating behaviour and two months for each of the other breaches, with the sentences running concurrently and suspended for the remainder of the life of the injunction.

Smith was also banned from riding the quad bike for the next seven months and was ordered to pay £821.32 in costs.
Judge McKenna warned that if there were a further breach, Smith “should be in no doubt that he would be looking at a substantial immediate custodial sentence”.

After sentencing, City of Wolverhampton Council's Cabinet Member for Public Health and Wellbeing, Councillor Paul Sweet, said:

“Judge McKenna's comments make it very clear that this individual was very lucky to avoid an immediate custodial sentence – and that the authorities take the issue of car cruising in the Black Country very seriously indeed.

“This sends out a very clear message to anyone thinking of organising or taking part in a car cruise – namely that the police and the Black Country councils will not hesitate to take action against them and that they could be jailed.”

Duncan Lewis Crime Solicitors

Duncan Lewis Crime Solicitors can advise at any stage of a motoring offence, including motorcycle crime, anti-social behaviour, speeding offences, careless or dangerous driving, DUI, vehicle maintenance offences, driving uninsured or without a licence.

There are Duncan Lewis offices nationwide – and a Duncan Lewis solicitor can usually reach a police station for interview under caution within an hour.

Duncan Lewis can also advise professional drivers on motoring offences and breaches of licence conditions – including advising on possible disqualification.

For expert legal advice on motoring offences, call Duncan Lewis motoring solicitors on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis Solicitors 24-Hour Emergency Helpline on 0333 772 0607.