DANGEROUS DRIVERS AVOID JAIL

Offences of death by careless driving and causing death by driving without insurance introduced by the Road Safety Act 2006 have not yet come into force but when they do they will carry maximum sentences of five and two year imprisonment, following pressure from road safety groups. The Sentencing Guidelines Council (SGC) however have just issued guidance in connection with these cases and recommends that judges should be able to impose community orders in cases where the cause is a momentary error of judgement, and the driver has a previous exemplary driving record.

Steve Gelsthorpe, road traffic specialist for leading East Midlands criminal defence specialists Cartwright King, supports these new recommendations: "In the past road safety groups had called for tougher sentencing for drivers who had caused death by careless driving," he said. "However, community sentences seem much more appropriate for a minor lapse in concentration caused by momentary distractions such as children on the back seat or external distractions such as billboards or pedestrians, and where drivers can show that they have an otherwise excellent record."

Recently published prosecution guidelines indicate that any case involving an aggravating feature for example the use of a mobile phone will be charged as causing death by dangerous driving. It may be that the new offences are rarely used however their introduction indicates how careful drivers must be, and the importance of always seeking early legal advice.