Author Topic: What are the sentencing guidelines for Death by dangerous driving?...  (Read 1685 times)

Steph

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Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #25 on: November 26, 2018, 05:02:36 pm »
https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-46345059

Yup. 'Careless'.
Yup. 'Unfamiliar with the road'
So all those big signs, road markings and sodding great grassy lump in the middle of a circular road: none of them are clues?


But it does beg the question. Why is she in prison when so many other tossers aren't? I mean, she even pleaded guilty, FFS!
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ian

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Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #26 on: November 26, 2018, 07:01:43 pm »
Sadly, in cases like this, I don't really see the benefits of a longer prison sentence. One woman is dead, another has to live with causing it. Her remorse for once seems genuine.

It's more a symptom of habitual lack of care drivers exhibit – and that as a society we're continually unwilling to hold them to account. It generally doesn't take minutes on the road to see drivers do something stupid and 99.99999% of the time they get away with it. Of course, what makes it worst, is that getting away with it habituates bad driving behaviour. Nothing bad will happen until it actually happens.

It goes back to penalising the little things and taking them seriously. It's too late once someone is dead.
!nataS pihsroW

Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #27 on: November 26, 2018, 07:57:38 pm »
Amazed defending lawyer cited unfamiliarity with road layout as mitigating factor.

Spend enough time in court and nothing defence lawyers advance as mitigation will surprise you any longer.

mattc

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Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #28 on: November 26, 2018, 07:59:06 pm »
I think "Negligent" would be a better term - bring it in line with risking the lives of others in the workplace.

[@ian ; I'm in favour of short-sharp-shock tactics. More short prison sentences, really shake people up, and make more of an impact on their friends/colleagues than just fines and bans.  There is probably a study somewhere showing this doesn't work, but I haven't seen it yet ... ]
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ian

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Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #29 on: November 26, 2018, 08:39:45 pm »
It doesn't – and shouldn't – need prison, the point is to nudge drivers into safer more careful practices rather than letting bad practice become the norm and relying on chance to prevent bad outcomes (which is effectively what the current system does). That generally means modest fines and other inconveniences for even the minor offences but, of course, that requires road policing and for drivers to believe there's a chance of getting caught. Given the number of drivers I see speeding, using their phone, and other illegal activities, that's obviously not the case. There was an article the other day about 20-limits not working and the reason, of course, isn't that driving at a reduced speed isn't safer, but that simply people were not adhering to the limit and there's no enforcement. The message there isn't just that you can get away with it but that it's somehow not important or serious. Yes, it's obviously unfair to drivers, penalising them for breaking the law, but perhaps rather than keep the conservation about drivers, maybe we should ask how they feel about their own children and loved ones, or themselves being on the receiving end. There's a lot of othering, a lot of excuses, even down to the language were the driver is nearly always absent from crashes, their cars absently careening into each other and anyone who gets in the way. That's mostly, I think, because drivers don't want to accept that they're the causal agent and the responsibility that would entail.
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Mr Larrington

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Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #30 on: November 27, 2018, 12:40:13 pm »
I meant to ask my mate Chairman Al, who knew the victim, whether this happened on Hemel's version of the Magic Roundabout, as that confused me greatly the first time I encountered it.  Though my reaction was to slow right down to give myself more time to figure it out, not press on regardless.
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hellymedic

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Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #31 on: November 27, 2018, 02:30:20 pm »
I meant to ask my mate Chairman Al, who knew the victim, whether this happened on Hemel's version of the Magic Roundabout, as that confused me greatly the first time I encountered it.  Though my reaction was to slow right down to give myself more time to figure it out, not press on regardless.

Looking at Google Maps for junction of Bennetts End Road and A414 suggests this is NOT a magic roundabout...

Re: What are the sentencing guidelines for Death by dangerous driving?...
« Reply #32 on: November 27, 2018, 02:56:08 pm »
No it's not that one, it's worse because the congestion at the magic roundabout slows everything down, plus the contraflow helps confuse people. The Bennetts end one is much faster and hard to cross the A41 on as a result, so people often take chances getting into the stream. I'm glad I no longer commute through it.
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