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[Jay w]

http://news.bbc.co.uk/2/hi/uk_news/7178120.stm

It's hard enough to prove at the best of times, now they are looking at scrapping the custodial side of the punishment......

So i can make a call, cause an accident, kill someone and walk away with community service that i dont really have to turn up for!!!!!

Stupid, just plain stupid

[STMO123]

This one is actually about causing death by careless driving, somewhat different to causing death by dangerous driving. However, the distinction is very unclear, and a grieving relative would no doubt be justified in expecting a custodial sentence for either.
We have all taken our eyes off the road for a few seconds, and if that is the time a child chooses to step out, then we are all potential killers.
The law is not such an ass as we like to think.

[Kevin Wood]

This one is actually about causing death by careless driving, somewhat different to causing death by dangerous driving. However, the distinction is very unclear, and a grieving relative would no doubt be justified in expecting a custodial sentence for either.
We have all taken our eyes off the road for a few seconds, and if that is the time a child chooses to step out, then we are all potential killers.
The law is not such an ass as we like to think.

.. and it's not always the driver's fault! I can understand grieving relatives  wanting the harshest sentences. I can't imagine what they go through but, at the end of the day, if you step out in front of a car you can't rely on the driver seeing you and it's not necessarily his fault if he doesn't.

If he loses control and mounts the pavement, doesn't see a pedestrian crossing, etc. then it's a different matter.

Kevin

[Jay w]

Some valid points raised, and there are times when the reason for the accident was out of everyones control.

Causing death by careless driving could encompass using the phone/MP3 player etc. etc.
By restricting the punishment that can be handed down does that not make the crime seem a lesser one?
If i pick up 6/9 points, or even lose my licence for a period of time that is an inconvienence and i may lose my job.
To lose my freedom is a bigger threat to me

I'm not saying that everyonoe who kills someone should be imprisoned, if there is a crime it needs to be investigates and appropriate punishment should be handed down

[Kevin Wood]

True. And on reflection one would not expect a successful conviction for
causing death by careless driving unless the driver was found to be wholly or substantially responsible for the accident in the first place.

Kevin

[Paulus]

The punishment should fit the crime. If a driver kills someone as the result of a freak accident (wheel falling off, swerving to avoid a falling tree etc), no blame should be placed on the driver. However, if the driver is doing 60mph in a 30 zone and kills someone, I think that they should be strung up - regardless of their reasons for doing the speed.

[STMO123]

The punishment should fit the crime. If a driver kills someone as the result of a freak accident (wheel falling off, swerving to avoid a falling tree etc), no blame should be placed on the driver. However, if the driver is doing 60mph in a 30 zone and kills someone, I think that they should be strung up - regardless of their reasons for doing the speed.

This is why a separate offence to dangerous driving is being introduced. More people will be prosecuted, but different sentencing options are now available.

[Jay w]

The punishment should fit the crime. If a driver kills someone as the result of a freak accident (wheel falling off, swerving to avoid a falling tree etc), no blame should be placed on the driver. However, if the driver is doing 60mph in a 30 zone and kills someone, I think that they should be strung up - regardless of their reasons for doing the speed.

This is why a separate offence to dangerous driving is being introduced. More people will be prosecuted, but different sentencing options are now available.

Granted, if someone is doing 60 in a 30 then that is dangerous driving.

Using the phone/texting/mp3 or something that creats a distraction is normally convicted as careless driving, the lesser offense.
If i kill someone because i was texting whilst driving then i have done something that fundimentally is as bad as killing someone using excessive speed.
A good solicitor will argue that you were distracted by the phone and not being dangerous, in fact you were both and should be tried with the more serious offense, by having the same options to convict in both catagories you then have less of a chance of 'getting away with it'

[markey mark]

at the end of the day a car in the wrong hands is as deadly as a ak47 !!!

[Jay w]

at the end of the day a car in the wrong hands is as deadly as a ak47 !!!

agreed

[bertiecbx550]

yep i just had a very near miss on the stafford road goodyears island jnction by me..i was on the island going round toward town when a middle aged bussiness man shot right out and nearly t-boned me inhis audi rs4 estate whilst on the phone with paperwork in his hand he took no avoiding action it was all down to me getting outa his way...i sound my horn after incident all i get is single finger salute!!!! could of done with a copper being nearby ah well i had to laugh  a few mins later cause he got cut up by a dhl van turning left from the right hand lane at the junction further down the road.... what goes around comes around...

[Kevin Wood]

What a plonker!

I wonder what it'll take to get some people off their mobiles!

I guess a law is nothing without enforcement.

Kevin