Life imprisonment for causing death by careless driving when under the influence of alcohol or drugs
That drink driving is absolutely not the right thing to do, is something that most of us would agree on and we know that it creates huge risks to the driver and other road users.
For many of my clients who are pleading guilty to driving while over the legal limit for alcohol, the commission of this offence was a foolish lapse in judgement, rather than part of an ongoing and malicious pattern of behaviour. Although it is no excuse, often there are underlying factors, such as poor mental health, that have led to this situation. In other cases, I see drivers arrested for “morning after” drink driving, when they thought that they were ok to drive.
Thankfully, more often than not, no actually injury or damage is caused. The implications for my clients can still be severe, not least, the mandatory driving ban that follows conviction, which can lead to job loss, inability to pay the mortgage and the subsequent impact on their families.
These types of clients are otherwise law-abiding citizens who hold no pro criminal attitudes. They are horrified and embarrassed at the position they have put themselves in and I suspect that most learn from the experience, seek any help that they need and do not reoffend.
What is worth considering however, are the terrible consequences if that journey had had a different outcome. Government statistics indicate that in 2019, 230 people were killed in drink driving accidents on our roads. Furthermore, the consequences for the drink driver have significantly increased this year, as the maximum sentence for causing death by careless driving when under the influence of alcohol or drugs has increased to life imprisonment.
Careless driving is when your driving falls below the minimum standard expected of a competent and careful driver. It isn’t a question of how far below (driving falling far below is dangerous driving), if it falls below that standard, it is classed as careless. Examples include:
Now in many drink driving cases, the police are alerted to the driver by the manner of their driving but in most cases where careless driving could have been charged, the driver is only charged with drink driving.
What then if the manner of driving caused a fatality and the driver was under the influence of alcohol? A draft for consultation for new sentencing guidelines has been published for this offence. The draft suggests a starting point of 18 months imprisonment for those for whom the manner of their driving is classed as “lesser culpability” and who are only just over the alcohol legal limit and ranges up to a 12-year starting point (with a range of 8 to 18 years imprisonment) for those at the other end of the scale.
The introduction of the new maximum sentence of life imprisonment is a good a time as any, for all of us to have a greater awareness of the risks of mixing alcohol and getting behind the wheel.
Have you been accused of a motoring offence that you dispute or simply would like to achieve the most favourable outcome in the circumstances?
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