-
Does it not count that the cyclist was 12mph below the speed limit and had right of way?
I think that's one thing the jury might be asked to decide on.
Also the lady walked out on to moving traffic.
Ditto.
If this had happened but with a car that had failed an MOT would there be a trial?
I'm curious why the DPP doesn't use this charge more in cases involving cars, and whether it opens up an alternative route to bringing a successful private prosecution of a driver who has caused death on the road. You'd need quite specific circumstances for it to apply, so it wouldn't be as easy a prosecution as for one of the causing death by X driving offences. But the penalty can be much higher, which may make it worth investigating - up to life imprisonment, vs 14 yrs for dangerous driving and 5yrs for careless driving.
-
Does it not count that the cyclist was 12mph below the speed limit
No such thing as a speed limit for cycles on the public highway. Except, possibly, in the royal parks.
-
If it had failed its MOT because of faulty brakes but was still out on the road there probably would be a trial. It's not the general point there was something wrong with the vehicle, it's that the thing that's wrong with the vehicle led to the death.
You are reading a single comment by @Baerli_Baer and its replies.
Click here to read the full conversation.
h2o
mashton
Sharkstar
@Baerli_Baer
Does it not count that the cyclist was 12mph below the speed limit and had right of way? Also the lady walked out on to moving traffic. If this had happened but with a car that had failed an MOT would there be a trial?