Discussion in 'Motoring Forum' started by Lezman, Mar 23, 2008.
Is it just the result i.e someone has died?
Also what would you get for careless driving?
seems to answer all http://www.motoringlawyers.com/article.asp?id=112
I expect the rat faced punk who almost killed my mum yesterday will get a few points and a slap on the wrist then
unfortunately you are probably right, the burch would be preferable in my mind
A criminal record for the dangerous driving conviction
In laymans terms:
Careless driving is the standard of driving which falls below the expected standard of a competent driver.
Dangerous driving is the standard of driving which falls FAR below the expected standard of a competent driver.
(a death does not make careless driving automatically dangerous driving).
I have been the investigating officer and involved in the investigation of several fatal RTC's whereby people have been charged with causing death by dangerous driving. The word FAR causes so much confusion with a jury, as in the end they have to decide how far far is!!
Causing the death of someone does not make careless driving automatically dangerous, a jury is asked to come to a verdict on only the standard of driving, and not the result ie. someones died when coming to that verdict. In many cases a Jury may decide a person is not guilty of dangerous driving but careless driving. Especially if the jury cannot decide how far far is!
Now though it is a lot easier for the CPS as we now have the charge of 'Causing death by careless driving' along with the 'Causing death by dangerous driving'.
As recently as a couple of years ago we had a charging choice of either 'Causing death by dangerous driving' or simply 'careless driving'. And if someone has died and the person responsible is charged with just 'careless driving' you could see what a slap in the face that is to the family of the deceased.
Lezman: careless driving: 3-9 points and a fine not exceeding level 4 which from memory lvl 4 is £2500, possible disqualification.
Death by dangerous driving 3-11 points, disqualification, up to 10 years imprisonment.
I would argue that the kid was 'dangerous driving', but I expect that it will just be a careless driving offense when presented.
Its good to hear that the result doesn't neccesarily affect the severity of the offense- as I couldn't see the reason behind that.
Thankfully no permanent damage done.
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