A road rage driver has lost his appeal against conviction for dangerous driving near Carlisle. Ken Mousey was convicted of dangerous driving following an incident where whilst driving a BMW, he overtook, braked and then swerved in front of a lorry which was forced off the road and on to the hard shoulder. This was in response to an earlier aggressive manoeuvre by the lorry driver.
The appeal against both conviction and sentence was heard on Monday at Carlisle Crown Court. Mounsey claimed it should be overturned on a point of law because a notice of intended prosecution was not sent to him within 14 days of the incident occurring – the statutory period in which a document should be served.
However, the court heard that neither Mounsey nor the HGV driver had reported the incident to the police. As a result, it was concluded that this failure by Mounsey had contributed to the notice being sent to him outside the 14-day period, so the rule could be waived.