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PostPosted: Wed Jan 09, 2008 20:58 
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Rigpig wrote:
This is a not-insiginficant issue for a developed society to have to deal with, i.e. what does one do with somone who kills another person whilst undertaking an everyday task such as driving.
Ultimately we all want the safest roads we can get and that means, amongst other things such as engineered solutions, instilling safety first attitudes and behaviour into drivers. But here we seem to have a dichotomy between what one deems to be 'safe behaviours'. If someone loses control fo the car because of a sudden sneeze, then this unintended action and its outcome should be treated differently to an intended action even if the outcome is unintended.
There is a great strength of feeling on this forum that drivers should not be prosecuted for, say, using a mobile phone whilst driving if they are seen to be doing it safely. The problem is, the most extreme outcome of them not doing it safely is they kill someone. So do we have to wait until this intended action has a visibly detrimental effect on their driving before acting.
And in such a case we have an unintended end result from an intended behaviour which we have been warned not to do. A life needlessly lost because someone thought they were immune from the distracting effects of the mobile phone. Should that person be jailed? IMHO yes, not because they pose a threat to society by killing another person whilst using a mobile, but because society has to take the stance that taking the life of another is not acceptable.


I have no sympathy for people who get caught on their mobile phone while driving. A hands-free kit is, what?, £20 or the alternative is to stop somewhere safe and have the phone conversation.

Is is possible to have a phone conversation while driving and not have your driving diminished? Not sure, but probably not.

Is it the same for smoking / eating a chocolate bar?

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PostPosted: Wed Jan 09, 2008 21:27 
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ipsg.glf wrote:
Is it the same for smoking / eating a chocolate bar?


I am personally of the view that the overriding message to drivers should be that they are expected to be in control of their vehicle at all times, and if that means to the exclusion of any extraneous activity not directly connected to that task then so be it. This should be communicated through road safety messages.
If the public deems it unrealistic to stop doing these extra activities and choose to undertake them then they are doing so through their own choice and at their own risk..
If they get seen doing so by a police officer who deems it to have the potential to compromise their ability to concentrate and/or control their vehicle whether or not such a dimished control is being displayed at the time, then they leave themselves open to prosecution for DWDC. This should be communicated through road safety messages.
If they have a crash and kill someone then they leave themselves open to prosecution by the appropriate legislation which may result in jail. This too should be communicated through road safety messages.

Overall, the message must be that we are all responsible for what we do when we are behind the wheel of our cars and killing someone, unintentioally though it may be, as the result of an intended action is not acceptable and may be punished by imprisonment.

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PostPosted: Wed Jan 09, 2008 21:35 
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Dusty wrote:
Personally I dont think anyone should be gaoled for anything unless there is a clearly established Mens Rea.

And even then, punishment should reflect intent not outcome.


Exactly - it's easy to imagine a situation where someone goes to someone's house with a gun, intent on killing them - but ends up merely injuring them, or shooting but missing. With the way the law is going we might expect this criminal to get off scot-free.

It's a very slippery slope.

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PostPosted: Thu Jan 10, 2008 00:01 
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Rigpig wrote:
ipsg.glf wrote:
Is it the same for smoking / eating a chocolate bar?


I am personally of the view that the overriding message to drivers should be that they are expected to be in control of their vehicle at all times, and if that means to the exclusion of any extraneous activity not directly connected to that task then so be it.


What is the difference between driving an automatic car and eating a choccie bar and driving a manual and operating, say, the hazard lights. Do either of these activities require anything other than superficial action on behalf of the driver?

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PostPosted: Thu Jan 10, 2008 00:10 
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Surely the criteria must be the conditions at the time versus whether the attention deficit caused by the activity caused the driver to be failing in his/hers attention to the conditions - something a trafpol might rate on a scale of "give them an acid lecture " - to "tickets galore "

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PostPosted: Thu Jan 10, 2008 00:19 
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Pete317 wrote:
Dusty wrote:
Personally I dont think anyone should be gaoled for anything unless there is a clearly established Mens Rea.

And even then, punishment should reflect intent not outcome.


Exactly - it's easy to imagine a situation where someone goes to someone's house with a gun, intent on killing them - but ends up merely injuring them, or shooting but missing. With the way the law is going we might expect this criminal to get off scot-free.

It's a very slippery slope.


You've lost me.

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PostPosted: Thu Jan 10, 2008 00:33 
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Dusty wrote:
Gary Hart would not have been gaoled if he had simply ended up in a field and he shouldnt have been gaoled simply because he was unlucky enough to land on a railway line.


The Gary Hart conviction has always looked dodgy. Yes he was culpable for DWDCA for driving when he had had little sleep, but he took the rap instead of the Highways Agency, who failed to provide proper crash barriers to prevent a vehicle going off the motorway on to the railway track. It could just as well have been an alert driver of a 44 ton artic who had a blowout, lost control and ended up in the same place. Hart was wrong to lose control for the reasons he did, but was merely unfortunate to land up on the tracks and then very unlucky that a train came along and again when a second train hit the first.


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PostPosted: Thu Jan 10, 2008 00:37 
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roger206 wrote:
Dusty wrote:
Gary Hart would not have been gaoled if he had simply ended up in a field and he shouldnt have been gaoled simply because he was unlucky enough to land on a railway line.


The Gary Hart conviction has always looked dodgy. Yes he was culpable for DWDCA for driving when he had had little sleep, but he took the rap instead of the Highways Agency, who failed to provide proper crash barriers to prevent a vehicle going off the motorway on to the railway track. It could just as well have been an alert driver of a 44 ton artic who had a blowout, lost control and ended up in the same place. Hart was wrong to lose control for the reasons he did, but was merely unfortunate to land up on the tracks and then very unlucky that a train came along and again when a second train hit the first.


I remember when the judgemnet was given. I was utterly gobsmacked that he was found guilty.

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ipsg.glf wrote:
Rigpig wrote:
ipsg.glf wrote:
Is it the same for smoking / eating a chocolate bar?


I am personally of the view that the overriding message to drivers should be that they are expected to be in control of their vehicle at all times, and if that means to the exclusion of any extraneous activity not directly connected to that task then so be it.


What is the difference between driving an automatic car and eating a choccie bar and driving a manual and operating, say, the hazard lights. Do either of these activities require anything other than superficial action on behalf of the driver?


Its not helpful IMHO to try and engage in these 'whats the difference between doing X and Y' scenarios because they can become an exercise in reductio ad absurdium. Drivers don't need to be given examples of what they should not do whilst driving simply because they tend to believe that if they are doing something not included in that list then its OK.
This is why I tend to agree that the mobile phone law was implemented poorly; drivers simply need to understand that they are expected to be in control of their vehicle at all times. If they are seen to be doing anything that compromises that ability then they may be liable for prosecution whether they may think they are being safe or not. If they are unsure, don't do it.

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PostPosted: Thu Jan 10, 2008 10:31 
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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Jan 10, 2008 10:38 
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ipsg.glf wrote:
I have no sympathy for people who get caught on their mobile phone while driving. A hands-free kit is, what?, £20 or the alternative is to stop somewhere safe and have the phone conversation.

Is is possible to have a phone conversation while driving and not have your driving diminished? Not sure, but probably not.


All the evidence is that it is the conversation that is the principal distraction NOT holding the phone. The law (stupidly) impliedly endorses hands free use as 'safe' by criminalising specifically handheld use.


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PostPosted: Thu Jan 10, 2008 21:20 
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Observer wrote:
ipsg.glf wrote:
I have no sympathy for people who get caught on their mobile phone while driving. A hands-free kit is, what?, £20 or the alternative is to stop somewhere safe and have the phone conversation.

Is is possible to have a phone conversation while driving and not have your driving diminished? Not sure, but probably not.


All the evidence is that it is the conversation that is the principal distraction NOT holding the phone. The law (stupidly) impliedly endorses hands free use as 'safe' by criminalising specifically handheld use.



Indeed it i,... but we would have a helluva job to prove the chattering caused the crash.
#
When the furoe hit over the "apple case woman" .. I posted up at the time that I had taken a Granny Smith from the fruit bowl and went to my car in the driveway. I live in a cul-de-sac and we chose our house because of a large double garage :lol: and a crescent shaped driveway .. which means I can :lol: drive in one entrance and out the other :lol: .


I mention this so that the loony lurky fringe will not go off on one about that poor bloke related to some mad Swiss people drives a car whilst chomping a Granny :popcorn: or whatever... :roll:

Anyway, I remarked at the time that I supported the police officer's actions fully as trying to control a car on a curve or reversing in one's driveway was actually an "insane" thing to do. I found it very difficult to do so and I've been trained to hold one of them radios in the past :popcorn: Not that I had to practise this skill that often as I was fortunate enough to be a young "Black Rat" in the good old days when we usually had a partner all the time. These days, even in Durham .. with cutbacks, sickies, etc, - we often find officers alone in cars. In the apple case - the officer was alone and his in-car vid had failed on him. Hence the helicopter aerial view.


But .. on the press release as a whole.. as a police officer I have to say that I am appalled that those who cause death by careless driving and are neither qulified nor insured to do so can receive "community service" as a punishment.

To me there is an element of "mens rea" in their action and I would want this type locked away for the max of 14 years.


Yes, there are folk who make a silly error which results in devastated lives for EVERYONE involved - and it is those lapses of pure human failings which merit the judge's discretion of leniency and ONLY those cases really.

There are other exceptions too. Ted remembered "mahali" - the parent of young Hayley Day who died in 2004 and I recall Rebecca Saunders and her baby sister Kirsty, who were the victims of a recidivist TWOCCER who had "previous for dangerous driving offences" These are the ones who deserve LIFE and not a full 14 yeqars to be honest :furious: On this one .. I would agree with spindrift and his chums.


The pig ignorant blatters and the type who do not actually collide .. but whose actions create the circumstances which result in other drivers making serious errors out of panic and fear - now this is where the law really has to apply discretionary leniency of justice too. Mahali's child - the driver was living under threat of being charged with causing her death. 100 witnesses testified that his driving was not the fault .. but that an aggressive moron who has never been found created the circumstances of tragedy.


It is for that reason that the law has to be very careful when meting out charges and justice.


But if someone knowingly takes charge of any motorised vehicle whilst knowing they are unfit to do so.. or engages knowingly and in full knowledge that the law prohibits such action of driving whilst unqualified or uninsured, using a moboile phone, driving whilst intoxicated by something - then we can argue "mens rea" in such cases. :popcorn:


I would discourage such activity - especially in my patch which does "crawl with :bib: :lol: :wink: :popcorn: if you values your liberty .....

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