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Thread: O/T Ministers 'consider night ban for new drivers'

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  1. #1
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    Quote Originally Posted by KerrAvon View Post
    5 years would not be far from the average sentence for death by dangerous. You have to give the courts a bit of discretion - some death by dangerous cases are examples of people making gross errors of judgement rather than choosing to drive badly and endanger others.
    Does that mean that they are out in 2 and half years then?

    What is an example of a gross error of judgement when driving? Not realising your doing 45 in a 30 zone?

  2. #2
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    Quote Originally Posted by Shark27 View Post
    Does that mean that they are out in 2 and half years then?

    What is an example of a gross error of judgement when driving? Not realising your doing 45 in a 30 zone?
    As a general rule someone would serve half their sentence before being released on licence.

    Doing 45 in a 30 would not be treated as dangerous driving. If speeding was routinely treated as being dangerous half of this site would be doing time and half of the remainder would be thanking their lucky stars that they hadn't been caught yet.

  3. #3
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    Quote Originally Posted by KerrAvon View Post
    As a general rule someone would serve half their sentence before being released on licence.

    Doing 45 in a 30 would not be treated as dangerous driving. If speeding was routinely treated as being dangerous half of this site would be doing time and half of the remainder would be thanking their lucky stars that they hadn't been caught yet.
    So I'm saying minimum of 5 years. Therefore a sentence of 10 years.

    What is an example of a gross error of judgement when driving dangerously out of interest?

  4. #4
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    Quote Originally Posted by Shark27 View Post
    So I'm saying minimum of 5 years. Therefore a sentence of 10 years.

    What is an example of a gross error of judgement when driving dangerously out of interest?
    I disagree with you on the minimum sentence, Shark. I think courts need to be able to determine sentences on a case by case basis, because the facts of cases vary hugely.

    I am a bit nervous about giving examples of cases in which I have been involved, lest elements of my fan club use Google to work out who I am and use it in their stalking agendas, but let me say this: dangerous driving can be committed upon the basis of the state of a vehicle, anything attached to or carried on or in it and to the manner in which it is attached or carried. So, theoretically, I once had involvement in a case where a workman was doing a job and nipped to a supplier a couple of miles away to pick up an item he needed, but failed to properly secure it on the back of his vehicle (he had secured it – just not very well). It fell off and another motorist was killed. He was charged with and entered a guilty plea to causing death by dangerous driving and was sent to prison for what was clearly a gross error of judgement. He was a working family man in his 50s who had never had so much as a parking ticket before in his life. 10 years for him? I don’t agree with that.

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