Causing death by dangerous driving

[Rutabaga]

This example in our (terrible, sorry) local paper just took my breath away. This woman admitted she wasn't fit to drive safely, yet she still did so and killed two people who were walking back to their camp site down a dark country lane. It's a lane I used to cycle along a lot. I notice that despite the evidence that she was well aware she was unsafe to drive, it was still considered necessary to mention in court that this woman's victims were not wearing reflective clothing or carrying torches, and were walking on the "wrong" side of the road. I'll be watching out for the outcome of her trial.

https://www.theargus.co.uk/news/1744245 ... ef=mr&lp=4

[LowlifeDes]

It is worse than that. The charge is causing death by careless driving. We have completely lost sight of what constitutes reasonable standards on our roads.

[Rutabaga]

So it is. I had forgotten the exact charge between reading and typing - or rather, I assumed that the only possible charge could be "dangerous" not merely "careless", as in "oops".

[Regulator]

Maybe it's the right charge for the wrong reasons... by her own admission she clearly couldn't care less.

Cases like this really piss me off. The CPS are taking the easy option and she's likely to get a pitiful slap on the wrist - she may not even get any prison time.

[Rutabaga]

Someone should say that in court.
The "care less" bit that is - you edited your post after I had responded.

[Regulator]

May I refer the Honorable Member to the Sentencing Council Guidelines on Causing Death by Driving, and in particular Annex A thereof, which gives a pretty explanation. It's interesting to note that driving with impaired eyesight is actually given as an example of 'dangerous' rather than 'careless'. Hopefully this means, if convicted, the judge will see it as 'Careless or inconsiderate driving falling not far short of dangerous driving' and sentence accordingly.

[Joan]

(I went a bit moderatory - sorry)

So - what the hell do you have to do to make it dangerous?

I can understand allowing some leeway with prescription drugs vs alcohol, as we all understand (or should) that you can't drink more than a small amount and drive, while it's not so clear cut with drugs. But that's not a lie she can tell here, she knew she was impaired. I can't think of more egregious circumstances than this that would fall short of murder/terrorism (eg driving deliberately onto a crowded pavement)

[Sonic Budgie]

No deaths here, thankfully, but here's one local to me. Cleared of dangerous, convicted of careless, and fined £50.
£50 for using her car to try to push a pram off the road because the lights had turned green while the mother was crossing.

https://www.bbc.co.uk/news/uk-wales-47324891

[Joan]

Jesus fuck! 3 points? So she can drive into 3 more babies before losing her licence?

[Sonic Budgie]

So it would seem, although I don't know if there is a sliding scale according to the age of the child.

[LowlifeDes]

No deaths here, thankfully, but here's one local to me. Cleared of dangerous, convicted of careless, and fined £50.
£50 for using her car to try to push a pram off the road because the lights had turned green while the mother was crossing.

https://www.bbc.co.uk/news/uk-wales-47324891

How is that even a driving offence, rather than assault?

[Sonic Budgie]

How is that even a driving offence, rather than assault?

It's the great conundrum isn't it, had she got out of her car and tried kicking the pram off the road she'd probably have got a harsher penalty.

[Sonic Budgie]

And probably a punch on the snout from mum to be fair.

[Joan]

Reconsidering the pram story - 73 year old goes bonkers because a pedestrian hasn't cleared the crossing when the lights change? That's something that happens all the time. If this is new behaviour for her, she should be sent for neurological testing - that sounds like the beginning of a decline.