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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70000
Experience:  Over 5 years in practice.
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I'm doing reserch novel any help would be appreciated

Customer Question

I'm doing reserch for a novel any help would be appreciated please. A female driver causes a fatal accident while driving under the influence of cocaine, for which she receives a 2 years custodial sentence. She is released after a year, on probabtion. The wife of the man she killed in the collision is still in a coma, as a result of the crash - at the point the driver is released, it is not known whether the wife will ever recover, or whether she will die too. Would the female driver be sentenced for putting the wife in the coma at the same time she is sentenced for killing the man? If so, what would the charge be and what punishment might she be dealt? If this is a prison setence, would this run concurrently with the 2 years or would it be in addition to the 2 years? OR would the court await the outcome of whether the wife recovers from the coma before the driver stands trial for this? Could the driver potentially be sent to prison for killing the man, serve her sentence then have to be sent back to prison again if the wife subsequently dies? Also, how long would the driver be banned from driving after killing the man? Is it likely she would have to do community service while on probabtion? Would she be on curfew / have an electronic tag during her probation? Would she be required to pay a fine, and if so what kind of figure? In the time between being arrested after the colision and the charge of killing the man through dangerous driving came to court, would she likely be released on bail, or would she be remanded in custody? How long would such a case take to go to court? Thank you!
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Jo C. replied 10 months ago.

What is the nature of the dangerous driving?

Customer: replied 10 months ago.
She has veered into oncoming traffic and hit the other car head on while she is on cocaine.
Expert:  Jo C. replied 10 months ago.

What caused her to lose control?

The drugs?

Customer: replied 10 months ago.
She is fleeing from the scene of a family argument and her emotions are running high, so she is isn't thinking straight or paying attention to the road. A family member is ringing her mobile, I'm thinking that she takes her eyes off the road to look at the call but decides not to answer it and while she is distracted she crashes into the other car. But she has taken cocaine 30 mins - 1 hr before this and the judge / court concludes that this is to blame.
Expert:  Jo C. replied 10 months ago.

the trouble with this is that what you are describing is causing death by dangerous driving rather than just dangerous driving.

Expert:  Jo C. replied 10 months ago.

For causing death by dangerous driving people go to prison for much longer than two years even when they are female and even when they trot out the usual excuses of domestic violence and sexual abuse.

Expert:  Jo C. replied 10 months ago.

The fact that she had placed the wife in a coma would have been dealt with at the time of the original matter.

Even if the wife subsequently died CPS would revisit the matter because she was prosecuted for causing death by dangerous driving at the time.

Expert:  Jo C. replied 10 months ago.

And the fact f killing two people rather than just one doesn't really make all that much difference to sentence.

Expert:  Jo C. replied 10 months ago.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
you might remember me consulting you about this in June when I was in the earlier stages of developing my plot.
At the time, you advised,
"Even then women do quite often escape with suspended sentences.
A normal defendant, by which I mean a man, would get between two to five years for causing death by dangerous driving.
A woman can always whine and malinger and quite often do get shocking reductions on sentences.
However, when they have actually killed somebody it gets harder for even women to escape custody."
I based the period of 2 years imprisonment for the driver based on this, but today you say, "For causing death by dangerous driving people go to prison for much longer than two years even when they are female and even when they trot out the usual excuses of domestic violence and sexual abuse."
I'm a little confused and I'd be grateful if you could clarify if in fact 2 years is a realistic sentence for a female first time offender causing death by dangerous driving or not please? In order for the plot to work, she really can't go to prison for longer than this. In fact, ideally it would be for a shorter period.
Expert:  Jo C. replied 10 months ago.

I can't find another question against your account.

In any event, I will give you the sentencing guidelines

Expert:  Jo C. replied 10 months ago.

https://www.sentencingcouncil.org.uk/wp-content/uploads/web_causing_death_by_driving_definitive_guideline.pdf

Page 4 and 5 are relevant.

Expert:  Jo C. replied 10 months ago.

Also, page 8 and pages 12-13 where you will find the ranges.

Expert:  Jo C. replied 10 months ago.

Although you do need to decide what caused the loss of control as that may knock it into the lowest bracket.

That said, it is fair to say that women do get far lower sentences than men.

Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70000
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 10 months ago.
It was 18th June when we last spoke and you advised me previously (see attached screenshot). I'm using the same account, so I’m not sure what’s happened there.I've read over the document you sent me and I can see that there are lots of variables re. sentencing.The driver’s sentence definitely needs to be in the lowest bracket. (Perhaps it could be viewed that the judge is unduly lenient on her?)
So – what about if cocaine was in her system, but not at high enough levels to cause the accident in itself? – The cause of the accident was that she was agitated by the argument and not thinking straight / paying attention and she drifted into the wrong lane, killing the husband and putting the wife in the coma.
Would this result in a lesser sentence than if cocaine was the direct cause?
And what about if cocaine wasn’t a factor at all, the driver simply caused the fatality by not paying attention?
Would all the above be cases of “death by dangerous driving” and what would the variables be on the sentence?Regarding the wife in a coma, you have advised earlier up the thread that,
“The fact that she had placed the wife in a coma would have been dealt with at the time of the original matter. Even if the wife subsequently died CPS would revisit the matter because she was prosecuted for causing death by dangerous driving at the time.”
Do you mean that the CPS WOUNDN’T revisit the matter, not would?
So in other words, it wouldn’t be a threat looming over the driver that she might have to return to prison to serve time for causing another death?What is the name of the offence she would be charged with for putting the wife in the coma and how long would this sentence be that runs concurrently with her sentence for killing the husband?Can you please respond to the other questions as I asked in my initial message re. bail, community service, fines, curfews, etc? Many thanks.
Customer: replied 10 months ago.
Have you had a chance to look at the above yet please? - I've received an email asking me to rate your response but I'm still waiting for the answers I need. Thanks.
Customer: replied 10 months ago.
I've waited 48 hours and have not heard anything on you. I received a second automated email from JustAnswer asking me to rate the service I received and when I clicked on it, it automatically rated your service 5 stars and released my money to you. However, I am far from satisfied as still have not received an answer to my question - all correspondence so far has centred around you giving me contradicting advice from that which you gave me when I initially contacted you in June re. the prison sentence for causing death by dangerous driving - if you look back, the sentence was not my question this time - that was the question I asked back in June, which you say you do not recall answering. Mentioning the prison sentence was me setting the scene for the predicament my character is in when she comes out of prison - what I was asking here was what would happen to her re. housing, probation, community service, etc. If you did not know the answer, I would have hoped you would have passed me on to someone else. I can ill afford to throw away £32 for nothing! I have contacted JustAnswer and they have advised me to contact you for a refund. Thank you.
Expert:  Jo C. replied 10 months ago.

Sorry but since you have asked for a refund I will not be able to help.

Customer: replied 10 months ago.
I have asked for a refund IF you cannot answer my question.
And if you cannot, please refund my money.
Only you can refund me, not Just Answer as the money has already be mistakenly credited to you.
It is not right that you have taken money when you have not fulfilled your role.
Customer: replied 10 months ago.
Clearly you don't have a conscience. Reported to Just Answer.

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