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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi, I am a recent immigrant to the UK, i was driving at the

Customer Question

Hi, I am a recent immigrant to the UK, i was driving at the proper speed when a man drunkenly swerved into my path very suddenly he was wearing dark clothing and so was difficult to see! I was told i had not driven 'recklessly' although I regretfully struck the man as he ran into my path and he died at the scene. although after a post-mortem it was found he had a lot of drugs and alcohol in his system. I however possess a full driving license in my own country but was insured only on a provisional license and was not covered for driving alone in england at the time of the accident. I am concerned about punishment and what i will be charged with and if i have any defence i could raise at all, i am waiting to hear some legal advice so if you could answer these questions for me i would be extremely grateful, thank you.

secondly I have a vague idea of the idea of precedent and the cases before being RV Hughes and Clayton and Uthayakumar, which related to uninsured drivers etc, however could you also tell me which parts would apply to my situation?

and thirdly i have looked at the legislation that would apply to me, is this the road traffic act 1988? if so which part? 

I am just trying to find as much to it as i can so i know about all possible areas...legislation, previous cases that i suppose may determine mine, what my defence is if i have any that can be raised and sentencing or punishment that i could get?

Thank you in advance.

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was your reading please?
Customer: replied 2 years ago.
Sorry I do not understand, 'my reading?' Also I forgot to add I have never been involved with the police before.
Expert:  Jo C. replied 2 years ago.
Your alcohol reading?
Customer: replied 2 years ago.
No, not me, he had drugs and alcohol in his system! I was completely sober!
Expert:  Jo C. replied 2 years ago.
Ok.
So the essence of this is that you struck a pedestrian?
And they are prosecuted for driving without due care and attention probably?
Customer: replied 2 years ago.
Yes, being uninsured also, can you tell me what they will charge me with and if I have any defence? Thank you
Expert:  Jo C. replied 2 years ago.
I am afraid they are likely to charge you with causing death by driving uninsured and you do not have a defence unless, of course, you can show that you were licensed and insured.
It is an offence of strict liability so unless you can show that you were insured there is no defence.
They may also charge you with driving without due care but that isn't likely. They have to show some basis to criticise your driving and, since the bigger charge is available to them, there is no real point.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Ok thank you, ***** ***** you tell me the punishment for this? And I assume these are in the road traffic act 1988, if so what section? I would like to read more if possible. Thank you
Expert:  Jo C. replied 2 years ago.
It has been recently added by the new law. Have a look here
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/causing_death_by_driving_unlicensed_disqualified_or_uninsured_drivers/
I am afraid that custody can be appropriate.
Customer: replied 2 years ago.

i have been reading similar things and what would have been the case if a motorcyclist veered onto my side of the road trying to weave through traffic and he was hit by a driver on the side of the road he veered into but the driver had no time to react or take evasive action, the motorcyclist broke his leg was operated on and then later died, who would be at fault and why/how?

Expert:  Jo C. replied 2 years ago.
That is a different question really. You would need to ask another question about that. I wouldn't know anything about civil liability. I am a criminal specialist.

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