To think we need to take death by driving much more seriously

[DynamoKev]

3 years 9 months for the senseless killing of this woman cyclist is inadequate.

www.google.com/amp/s/www.leicestermercury.co.uk/news/leicester-news/josephine-gilbert-herbert-wyatt-cyclist-4812635.amp

I also think sentences should reflect what you actually did, not how lucky you were. If you drive drunk it shouldn't matter if someone happened to cross the road at the wrong time, you committed the same crime. Same for attempted murder or rape.

You shouldn't get less of a sentence because someone fought back or saw your car coming and jumped out the road.

I’m not sure how I feel really. I had a family member killed in a hit and run, the driver was ultimately caught and sentenced to 8 years. His passenger was given two years for perverting the course of justice. Didn’t make me feel better them going to prison, just seemed like more life wasted, more families without a loved one.

Causing death by dangerous driving should carry the same penalty as manslaughter. (There are reasons it isn't manslaughter, legally, which is why the separate driving offence needs to exist.)

@PlanDeRaccordement

YANBU But can take comfort from fact that in US you can kill a cyclist with your car and get nothing. No fine. Keep your license. Not charged with a crime at all. Pretty much the only way to get charged in US is if you drive into a kill several cyclists at once.

If you’re drink/drug driving at the time, you’d only get charged with a DUI or DWI, not actual charges related to killing a person.

Not true. Each state has its own laws. There is no such thing as a “US law” when it comes to traffic. There are federal laws, but they don’t apply to road accidents. In the state where I live you absolutely would be charged with vehicular homicide or vehicular manslaughter if you killed a cyclist. In some states it’d be assault with a deadly weapon. And it’d be far more than a DUI if drink or drugs were involved and someone died.

YANBU and he had the sickening audacity to try and pin the blame on the dead victim. doesn't even begin to cover it.

@Godimabitch

I also think sentences should reflect what you actually did, not how lucky you were. If you drive drunk it shouldn't matter if someone happened to cross the road at the wrong time, you committed the same crime. Same for attempted murder or rape.

You shouldn't get less of a sentence because someone fought back or saw your car coming and jumped out the road.

So every dodgy overtake, forgotten mirror check, minor speed infraction should be a decade long prison sentence in your world?

As each of those things in the wrong circumstances is a death by dangerous/cwreless driving charge so should be charged the same tight?

I don’t agree with long prison sentences. What’s the point?

I think a better punishment would be a long term driving ban and some community service to add something positive to the world.

I often think it's a shame we do not have the type of sentences in this country that get handed down in maybe Texas.

@squeezeapplesmakejuice

I often think it's a shame we do not have the type of sentences in this country that get handed down in maybe Texas.

Because you envy thier slave industry?

My friend was knocked off his bike and sustained several broken bones. The driver lied out of his arse to try and get out of it, even saying my friend was going 40 mph (yes, good one!). He also said my friend had no lights. When asked why witnesses said the bike on the ground had lights on, he said my friend must have "turned them on" after the accident. It makes me so angry.

Any driving offence which results in the loss of licence should mean permanent. If you’re done for drink driving, driving without due care and attention, causing death by dangerous driving you should lose your licence permanently.

And in addition to that death by dangerous driving should carry a decent prison sentence.

One of my neighbours killed a cyclist years ago. Pulled out a t junction without looking properly onto the main road into the cyclist. I’m not even sure if they were found guilty of anything. Certainly didn’t go to prison or even lose their licence! Which is crazy.

@GammyLeg

I don’t agree with long prison sentences. What’s the point?

I think a better punishment would be a long term driving ban and some community service to add something positive to the world.

I'm a liberal on prison sentences/reform/community alternatives, especially for non-violent crime.

But death by driving, especially with proven exacerbating factors such as driving when banned/drunk/on drugs needs to be reclassified as much more serious crime, and does warrant prison time.

I don’t think longer sentences will lower road deaths and I don’t think they are appropriate to the mens rea in most driving death cases.

In this particular case, with the intentional driving after losing his license I think there may be grounds for a longer sentence but it depends on the circumstances around him losing his lorry license.

@squeezeapplesmakejuice

I often think it's a shame we do not have the type of sentences in this country that get handed down in maybe Texas.

Texas’s criminally negligent homicide law carries a maximum sentence of 2 years.

I'm a liberal on prison sentences/reform/community alternatives, especially for non-violent crime. But death by driving, especially with proven exacerbating factors such as driving when banned/drunk/on drugs needs to be reclassified as much more serious crime, and does warrant prison time

I agree. Lets face it, how many times have you been crossing a road and a driver has driven at you, without slowing down at all - because they have the "right of way". Or simply ignored you at a zebra crossing. Or turned into a side road you are already crossing, That is dangerous, and it does need sorting out and there is a point at which a car is being recklessly used as a potential weapon.

I also think sentences should reflect what you actually did, not how lucky you were. If you drive drunk it shouldn't matter if someone happened to cross the road at the wrong time, you committed the same crime

This is an interesting point. Not sure how many of you remember the Gary Hart case. He fell asleep at the wheel, went over a railway embankment and his car was hit by a train with several people killed. He survived and was charged and I think was sentenced to 5 years. If his car had been held by the fence, the accident would not have happened and at most he would have been done for driving without due care and attention. (It's worth noting that there had been several railway accidents at the time due to poorly maintained track etc and the authorities were relieved to be able to pin the blame for this accident on someone other than themselves).

@squeezeapplesmakejuice you mean the US where they have much higher rates of re-offending than the UK? clearly works as a strategy doesn't it.... 🙄

A woman local to me lost both her children and husband to a drunk driver. Even her dog was taken. She has nothing.

The worst thing is this was his 4th offence. He'd just got his licence back after a previous drink driving ban.........why are we giving drink drivers repeated chances to kill people ? Licenses should be revoked after the first offence and no more chances given.

Also. The above was a hit and run. He left the scene, tried to burn the car. And he got 9 months. 9 months for a life.

The person who killed my husband served a few months.

My young kids and I, serve a life sentence.

[quote KarlKennedysDurianFruit]@squeezeapplesmakejuice you mean the US where they have much higher rates of re-offending than the UK? clearly works as a strategy doesn't it.... 🙄[/quote]
And get out of jail free cards if one happens to be the spouse of a visiting ‘diplomat’....

Totally agree. I don't get this 'it wasn't intentional so not so much of a crime' malarkey.

We should be held much more criminally responsible for negligence, especially on the roads.

YABU in general but not in this case. Accidents will happen, everyone knows when they step out of their front door (be it as a pedestrian, a cyclist or a motorist) there is a very real chance of being injured or killed.

BUT in the case referenced above, I agree that the driver should have got a much longer sentence. Uninsured and unlicensed driving needs to be taken much more seriously - it should automatically add years to the sentence of someone who kills. (Same for drink/drug driving.)

In general though, many accidents are unavoidable - or partially the fault of the person who comes off worse - so I wouldn't like to move to a system which some propose, that that the presumption of guilt is on the motorist and presumption of innocence on a cyclist.

I'm so sorry your husband was taken from you @LolaButt . Serving a few months is unacceptable.