Road safety charity the IAM (Institute of Advanced Motorists) has called for stronger and more consistent penalties to be imposed on drivers who are convicted of causing death by dangerous driving.
At the moment a charge of causing death by dangerous driving carries a maximum penalty of 14 years imprisonment and a minimum disqualification period of two years, together with a compulsory extended re-test.
However, an IAM analysis of eleven recent prosecutions for death by dangerous driving involving mobile and smartphone use has shown that the average sentence imposed is only four-and-a-half years in prison together with a seven year driving ban. In all of the cases analysed, says IAM, the convicted drivers were found to have lost their concentration due to using their mobile phone. It argues that there is therefore scope for much longer sentences to be imposed, to increase the deterrent effect.
However, if you take a look at the Crown Prosecution Services' newly updated sentencing guidelines, the sentences seem to be within the permitted sentencing range. At the moment this is four to seven years in custody for Level 2 offences - where the driving in question 'creates a substantial risk of danger' and in the context of moble phones, involves 'gross avoidable distraction such as reading or composing a text message over a period of time'.
The slightly less culpable Level 3 offences - where the driving has 'created a significant risk of danger' involving, in this context, being 'avoidably distracted' - have a sentencing range of between two and five years.
Contact Lewis Nedas’ Criminal Lawyers in London
If you or a loved one have been charged with causing death by dangerous driving you will need specialist legal advice, so please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.
This blog post is intended as a news item only - no connection between Lewis Nedas and the parties concerned is intended or implied.
