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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Grandparents crossing road in middle reservation, car drove

Customer Question

Grandparents crossing road in middle reservation, car drove into them killed grandmother instantly , grandfather died 10 days later .. Driver apparently didnt seem them claiming it to be dark , yet very brightly lit hotel overlooked the road .. Had drunk 1 1/2 pints . He was fined £300 and a few points on licence .. Police on case at time were shocked that he didnt receive more severe punishment .. What i would like to know , can i ask for police evidence of this incident .. Could he be retried with the change in law on driving offences ? The same guy also 10 yrs later i believe injured knocked over an eldely man .. I believe again without a prison sentence .. i think for both he should of had received a stronger sentence at HM !!
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am really sorry and I know this must have been traumatic but they cannot. There are two fundamental problems with this.

The first problem is that if this was 10 years ago then he would have been charged with driving without due care and attention alone. The new offence of causing death by careless driving was not in force at that time. For driving without due care and attention actually this was a sentence appropriate to the caselaw I'm afraid.

The Road Traffic Act 2006 brought in an offence of causing death by careless driving but the truth is that the conviction rates are very low and the sentences are not much higher.

Custodial sentences for fatal accidents of this kind are very rare I'm afraid.

The second problem will be that you are out of time to do anything now anyway. The Crown can appeal a sentence on the basis of undue leniency. The reason they didn't here was that this wasn't unduly lenient upon the law at that time. However, if this was 10 years ago then you would be out of time now I'm afraid.

In terms of a retrial, you have no basis to seek a retrial and even if you could it would only be on the basis of the law at that time.

Also, the new law is relied upon much by the Crown now as jurors very rarely convict for causing death by careless driving.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 3 years ago.

Thank you for taking the time to answer truthfully , sincerely appreciated .. the culprit has appeared in my working life and it frustrates the hell out of me that he got away with it .. I had the unfortunate opportunity of crossing paths with him , it turns out none of his friends were aware of his actions but now they are ..As people have become aware of what he did i have now become the closest person his friends can verbally attack .. I wanted to find out legal rights as at time of accident i was a teenager . I just hope Karma has kicked in .. thank you Samantha

Expert:  Jo C. replied 3 years ago.
Yes, I know.

If you want my honest view, quite a lot of people are charged with careless driving to avoid the expense and high evidential test of causing death by dangerous driving.

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