Cycling Petition - Previous dangerous driving convictions

Re: Cycling Petition - Previous dangerous driving convictions

Evelyn Barbour-Hill — Fri, 21 Feb 2014 21:11:46 GMT

[quote user="Hannah Wynne Richards"] The breathalyser took away all chance, either someone was over the limit, or not. Add on the fact that magistrates automatically gave driving bans on 1st offence (deterrant sentence ) and people realised it was wiser not to risk it.[/quote]

Unless the offender is an overpaid footballer, of course!

Re: Cycling Petition - Previous dangerous driving convictions

Clive Ansell — Fri, 21 Feb 2014 19:37:05 GMT

+1 for signing the petition.

In the case which the petition relates too, the driver as well as being already disqualified, also had 11 previous convictions for disqualified driving and four convictions for dangerous driving. One has to ask why the rubbish was not locked away sooner with such a reckless and dangerous disregard for the law?. He should be tried for manslaughter x2 and receive x2 life sentences = 30 years. If we had a criminal justice system fit for purpose, this individual would have been safely behind bars, and these 2 innocent people would still be alive.

This campaign aims to change the law so that drivers who are disqualified from driving and yet commit an offence by dangerous driving should receive much tougher penalties than currently exist. I agree with it.

In the case of my cycle accident last August, a car driver was turning right, not signalling and completely on the wrong side of the road. The police decided she was 100% to blame. She was made to attend a driver awareness course and pay a £60 fee, but no prosecution or conviction. That said if she does similar within 3 years she will be prosecuted. In my view it is far to lenient; what she did was reckless and dangerous, and I could have been seriously injured or even killed. The sanction given out is on a par with what would be dished out for parking on a yellow line or doing 36mph in a 30 zone. I think the driver awareness course is a good idea if it makes this person a better and safer driver, but feel there should be an element of punishment too.

also near to where I live

http://www.telegraph.co.uk/news/uknews/crime/9812745/Taxi-driver-fined-35-for-crash-which-killed-young-cyclist.html

http://road.cc/content/news/28728-driver-who-pleaded-guilty-killing-time-trialling-cyclists-walks-free-court

http://road.cc/content/news/28495-eight-month-jail-term-banned-driver-who-injured-cyclist-hit-and-run-crash

Re: Cycling Petition - Previous dangerous driving convictions

Tom Ward — Fri, 21 Feb 2014 16:21:47 GMT

A breathalyser increases the risk of you being caught, whereas a sentence is a very non specific future event - I think it's too unrelated to the irresponsible act to be preventative. Admittedly, a long sentence is appropriate for a severe crime but I think the particulars of the event need to be taken into account.

Re: Cycling Petition - Previous dangerous driving convictions

Hannah Wynne Richards — Fri, 21 Feb 2014 16:02:07 GMT

As a horse rider, I'm in total agreement with Neil.

Tom I disagree with you on this. About the only crime I can think of, in which the incidence has dropped during my life-time, has been drunken driving. Before the breathalyser came out (late 60s) a conviction depended on the policeman's opinion. A confident defendant, and a rookie policeman, and the culprit would probably get away with it.

The breathalyser took away all chance, either someone was over the limit, or not. Add on the fact that magistrates automatically gave driving bans on 1st offence (deterrant sentence ) and people realised it was wiser not to risk it.

Wynne

Re: Cycling Petition - Previous dangerous driving convictions

Tom Ward — Fri, 21 Feb 2014 15:38:59 GMT

Is longer sentencing going to make people drive more carefully, that is the crux of the question. I'm not sure someone who wants to drive at 60 through a 30 limit is really going to be thinking about the relative lengths of sentences if they knock someone off. I think the wish for longer sentencing all comes down to a need for "justice", but ultimately nothing is going to bring a relative back :(

Re: Cycling Petition - Previous dangerous driving convictions

Martin Atkinson — Fri, 21 Feb 2014 14:27:54 GMT

I don't think one should allow ones personal feelings or circumstances to colour ones view of a crime. Given I'm an avid cyclist it may seem odd for me to say that I don't necessarily think that someone who kills a cyclist due to driving without due care should receive a tougher sentence than one who merely knocks them down - the amount of neglect is no greater. I have seen this from both directions having been the victim of careless drivers when cycling on several occasions and I confess to knocking a cyclist off on a roundabout because quite honestly I was a SMIDSY! Thankfully neither I or she were seriously injured in these incidents. And having read the case review, this guy got 10 years which is not insignificant considered in comparison to sentences handed down to some who have deliberately committed a serious crime - he did not after all set out to kill these cyclists.

However I do believe that there is an overall tendency to lenient sentencing in dangerous driving cases - the guy who killed several cyclists in Rhyl a few years back when breaking the speed limit on an icy road with bald tyres and received a pitiful sentence is a case in point and so I have signed the petition.