Posted on 07/15/2008 11:00:05 AM PDT by Stoat
Getting tough: The new sentencing rules target mobile phone use by drivers. Posed by model.
Motorists who cause fatal accidents while texting or talking on mobiles could face up to 14 years in prison from today.
Drivers involved in death crashes after drinking or taking drugs face similar penalties, as will those who were driving at greatly excessive speed over long distances.
Under new sentencing guidelines sent to the courts today which come into immediate effect, there are to be stiffer penalties for drivers who kill after getting too close to cyclists or who go into cycle lanes.
Sentences of two to five years are recommended for motorists who kill when driving despite knowing that they are tired or have failed to take prescribed medication or are in a vehicle that they know to have a dangerous defect.
There will also be longer driving bans for other motoring offences.
The new rules, issued today by the Government's Sentencing Guidelines Council, follow anger from victims' families and campaign groups about lenient punishments handed out to some killer drivers, some of whom have escaped with a fine.
The guidelines for sentences for offenders convicted of killing while under the influence of drink or drugs range from 26 weeks to 14 years depending on the quantity of alcohol or drugs consumed.
The Lord Chief Justice, Lord Phillips of Worth Matravers, said cases involving death on the roads are among the 'most difficult' facing the courts.
He added: 'The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard for the safety of other road users to a terrible moment of inattention.'
The heaviest sentences for death by dangerous driving will be given to motorists who kill after a sustained period of dangerous driving, such as travelling at greatly excessive speed over a considerable distance.
Fatal collisions which occur while a motorist is writing or reading text messages and cases where a motorist was distracted by a hand-held mobile will also be 'treated as particularly serious' and attract sentences ranging from a minimum of four to seven years.
Longer terms up to the 14- year maximum-are advocated when other aggravating factors, such as convictions, or a failure to stop, are present. Cases where there are multiple fatalities will also bring a heavier sentence.
The reforms include a string of other measures. Causing death while driving unlicensed, disqualified or uninsured - will mean starting penalties ranging from a community sentence to 12 months in jail.
But those convicted of the new offence of causing death by careless driving could get a community service sentence if the fatal crash follows a momentary loss of concentration - a move which will dismay some campaigners.
Great Britain New super-cameras will mean no hiding place for drivers who smoke, eat or use a phone
If someone is doing ANYTHING stupid while driving (putting on makeup, eating, texting, trying to get something out of the floorboard) and causes a fatal accident they should get a long prison sentence. That said, I have to say, I am appalled at how many people I see texting on their phones while driving (in the US). Exactly how stupid does one have to be to do that???
susie
Exactly. I believe that Mythbusters proved it was just a dangerous at times to be on the phone as it was to be intoxicated and operating a motor vehicle.
If I found out a loved one was killed by some idiot who sent a text message 5 seconds before the collision that person better be put away for manslaughter at the minimum.
Considering that most people I know who do texting use both hands on the phone and are looking down at the screen while doing it, that’s a particularly chilling thought that a driver is doing that.
Now, I suspect we will be told we are against the Constitution or some such nonsense.
susie
Will this apply to those who follow “Sharia Law?”
I would consider it questionable, as it seems Muslims are exempt from the laws that everyone else is expected to follow....
Great Britain Muslim is spared a speeding ban so he can drive between his two wives
I see it here all the time. Usually it’s a teenage girl. Frankly, if you’re under 18 you shouldn’t be allowed to have a cell phone ON while you’re driving. If you have a true emergency you can pull over. And, if you have a true emergency and can’t pull over the last thing you will be worried about is a ticket.
I can’t tell you how often I am almost in accidents here involving cell phone using drivers. Why are all of these people on the phone 24/7?
susie
Oh no, of course not. If those who are killed are infidels then the 'Blessing of allah' is on the driver and if the victum is a 'true believer' then it is the will of allah.
It will come up before the thread is done, probably by someone who claims to do it every day and has never been endangering anyone and how can you even THINK to infringe on his/her rights like that....
Here’s some nonsense - how are you going to prove that the text messaging device had anything to do with the crash? So you know that someone’s phone thinks a text went out at 12:01 pm. Great. When did the crash occur? Did the phone record that, too? Five seconds is an eternity when you talk about crash reconstruction.
Until you have practical experience with trying to tie time records in data communications devices with actual crash timing, you really don’t know what you are talking about. CSI makes for great TV, but not great reality.
I love my freedoms way to much to let them depend on some records clerk at Sprint, thank you very much.
Astonishing. I’ve always felt that one of the reasons why God invented telephone answering services was so that it can take calls for you while you’re driving.
Safety issues aside, one reason I don’t talk on the phone while driving is that the people who have my personal cell number will (usually) be family and friends, and their words and concerns are important to me. Therefore, I consider it rude to speak with them when I am distracted and only able to give them a part of my attention.
If they are having an emergency, they should be calling 911 instead of the stoat anyhow, and a non-emergency call can easily be returned in a few minutes when I can find a place to pull over.
Yup.
Yup, didn’t take long!
susie
LOL I like the comment about if it’s an emergency. I tell you, I rarely get a cell phone call that couldn’t have waited until I was home. And I have rarely had a reason to really need my cell phone on the road. It’s a good tool, but I’m beginning to think your average person cannot spend any time with themselves without boring the heck out of themselves, thus they need a cell phone! And I don’t really care, but I love my freedom too much to have it taken away from me by me getting killed by an idiot who is texting and driving.
susie
Juries deal with this kind of evidence issue all the time. My sense is that most people in the jury pool -- especially older ones -- are quite inclined to believe that voluntary distractions while driving could contribute to an at-fault accident.
LMAO! It never fails and it always has you dont know what you are talking about in it.
LOL! Told ya...
Good thing no one ran into you while you were answering it and then sued your rear end off, blaming you reaching for the phone.
And I dont really care, but I love my freedom too much to have it taken away from me by me getting killed by an idiot who is texting and driving.
As opposed to some other kind of idiot? Oh, that's right, you want to criminalize idiocy.
I hope you don't teach Constitutional law, and I am glad the defense of our Constitution is left to professionals.
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