Yes, but some of them will have appalling records, not just for motoring offences, but others as well and it will be perfectly clear that they are reckless antisocial people with no regard for the law. It is easy to distinguish them from law abiding people with good driving records who have a momentary lapse.Cab said:If it really is motorists with exemplary records who have had a momentary lapse leading to an accident... I see the logic in that carrying a light sentence. I rather fear that this will end up twisted to allow anyone off who has caused an accident, using this as a defense.
In principle I can't disagree with that. In practice... I dunno, I've just seen so many instances of people going over 12 points on thier license, endangering or harming others, and getting away with very light sentences, that I'm worried by advice to the courts to be more lenient in some situations. Its almost like they're looking for ways of not punishing dangerous driving, and in such a climate I'm concerned by this.Patrick Stevens said:Yes, but some of them will have appalling records, not just for motoring offences, but others as well and it will be perfectly clear that they are reckless antisocial people with no regard for the law. It is easy to distinguish them from law abiding people with good driving records who have a momentary lapse.
I think we all are, and with damn good reason!Cab said:Am I being paranoid here?
True enough, but a momentary lapse of concentration can happen under the speed limit and still be calamatous. And I'm sure if we're honest, we'll admit that even when cycling we can have accidents (or come close to having accidents) through inattentiveness, or having our attention drawn the wrong way. And it would seem reasonable that such things if they're rare and if they happen to someone who does have an exemplary record on the road are genuinely accidents deserving of minor punishment at most.tdr1nka said:I think we all are, and with damn good reason!
It is hardly Draconion to suggest that a driver who is speeding in a 20 limit, hitting a child that runs out from nowhere and killing them is a death that could have been avoided and deserves to be classed as a murder.
As cyclists we have to be vigilant in order to use the road, cardrivers it seems need only to be aware when it suits them.
Worse things happen at sea!
I agree, and if the application of this proposal is that those who have been genuinely negligent still get punished appropriately then thats fine by me. If the application of this is that there are guidelines with which judges can look in to what happened and hand out less severe penalties if that is clearly appropriate, I'm also in favour. Its all about what those guidelines will be, what constitutes a momentary lack of concentration, etc.JamesAC said:You must carry the consequences of your negligence.
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