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Dangerous Driving


molly

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In this weeks courier page 6 (nov 15th)it is reported that a young ladywas convicted of dangerous driving fro carring out an overtaking manouver. It was reported that she nearly caused a head on collision only the fact the driver coming the oposite way had to carry out an emergency stop.

 

So, conviction for Dangerous driving, 18 month driving ban £750.00 fine

 

My question is: why was she convicted and penalised with such a heavy sentence for "nearly" causing a accident when others, and you know which ones im talking about, get off with driving without due care and attention small fine and ban having cost the life of a motorcyclist?

 

i can think off at least three motorcyclists lives lost and the driver of vehicle that caused the crashes get away with it more or less.

 

Whats your thoughts?

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Not referring to any one particular case Molly, but justice (not only here) tends to depend on the depth of your pocket.

 

I agree with you though - 'nearly' or 'potentially' causing an accident ( or thumping someone, or robbing a bank) should attract a much reduced sentence.

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The charge of dangerous driving applies to cases where the standard of driving is 'well below the standard of a reasonable competent driver' - or something along those lines, it's a legal definition which the judge or jury consider. Driving without due care and attention is a lesser charge for when the incident wasn't the result of driving 'well below' that standard. The results of the bad driving don't really come into it.

 

That's why you might get someone on trial for death by dangerous driving, who ends up 'only' being convicted of driving without due care and attention. The jury has decided that the standard of driving wasn't "well below", and therefore didn't fall into the category of dangerous driving.

 

I understand how it can seem bizarre to someone who isn't aware of all of the legal processes, but if you've ever sat in court during one of those trials you'll learn that there are strict legal definitions that apply. The deemster doesn't just make up the law on the day depending on who's on trial. Only conspiracy theorists think that. Although you can never discount the effects of a good lawyer on a stupid jury.

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