Legal Eagles please !
 

My neighbour crashed and killed a passenger, now emerges that he's being charged with "DUI" driving under the influence of (prescription) drugs, and we think driving without due care....

Anyone like to guess at the possible punishment, I think a ban is likely or am I wrong ?

TIA

Dunx

Errm killing someone is usually quite serious, so I would think maybe a little more than a ban. Unless of course there are circumstances to be considered, but yeah I would think a couple of years ban minimum. Or would like to hope so anyway.

Here you go, from the horses mouth.

IME, he is looking at 2 to 4 years depending on circs if found guilty of DDD.

DUI is an american offence, not an English one

As they were pescription drugs, his defence could argue that he isn't a drug taking chav, and just unlucky that the side effect impared his driving.

Of course if he was told not to drive, or if he took a glass of alchohol (if advised not to) then he's going to jail, I would have thought.

He ought to consider himself lucky if he gets any sort of driving ban (whether it be 1 year or 10), he's possibly looking at a jail sentence. Without knowing what happened other than what you've told us (which isn't enough to make any sort of judgement).

What a self-righteous bunch we are! None of us ever speed, unless of course on a 'private road':Whatever_ and now none of us have ever driven whilst taking prescription drugs. Next time your doc puts you on a course of antibiotics, will you take the bus for 2 weeks until you have completed it - I dont think so. Come on folks, this guy didn't set out to kill anyway and without any other evidence we can't assume what happened - it is most likely a terrible accident and could have happened to any one of us.
Naturally, I could be totally wrong but until I know more I cannot castigate him.

Not really self rightious, but with the info presented here, it would appear to be more than a little bump.
Which would lead people to the replies they have posted.

Either the drugs had a profound effect, in which case driving should not have happened, or they were driving badly.

Of course there is the 3rd option which is, they were just involved through no fault of their own, breathalised and tested and found to be over the limit or under the influence of drugs.

Scooby Net in "SENSIBLE POSTING SHOCKER..." ;)

To add single vehicle accident, driver badly injured, passenger wrapped round a tree, dead on impact.

Call me self-righteous but how many have killed someone, not "JUST" speeding....

And the guy has just gone out and bought a brand new Megane, confident or what ?

Thanks for the feedback to all,

Dunx

POSSIBLY 3 YEAR BAN AND IF SERVES A PRISON SENTENCE 6 YEARS BUT WOULD DO 18MONTH

Its not the speeding that kills, its the sudden stop at the end that usually does it...;)

Can't tell if you like the guy or not but if he dodges prison and you see him driving i'd report him immediately. No way he will have avoided a ban.

5t.

It probably will depend as to whether he is found guilty or not of either of the charges.
The information presented is scant to say the least.
I would have thought the CPS would have charged him with causing death by dangerous driving in the hope at least of getting a guilty of a lesser charge.
Seems to be the way these things usually go.

If he was told NOT to drive, he could be looking at causing death by dangerous driving, which IIRC, carries a 10 year prison sentance. No doubt a lenghty ban and definately an extended driving test if he tries to get his licence back.

Make sure you let us know the outcome :thumb:

The guy is being a little cagey about all the details, tho' not smug....

I can't say I like him, but he thinks Daddy's money will make it go away....
I really hate that attitude...

He has a history as well, so I think a stretch inside is possible, and the info from here suggests an extended re-test after a ban... sadly Daddy will pay the insurance for him.....

As for grassing him up, certainly would....

Dunx

Respect for the honesty mate :) And for being willing to do the right thing too :)

Sounds like he is living in a little dream world to me. Would be interested to know more about the accident. There will be an inquest no doubt.

He has got to find an insurer first.

He will (and maybe should based on what I have read) go down for a while.
As for driving under the influence, if you have any medication that states that you should not drive nor use heavy machinery and you do then you have to accept the responsibility if it all goes wrong, which it sounds like it did in a bad way. Speeding and ignoring medical advice are two different topics altogether.

Some accidents are as a direct result of someone failing to stop in time dontya know :thumb:

That's all good and well... but the concept of 'in time'... I mean who actually bothers to time themselves... :thumb:

Not me, that's for sure :Suspiciou . I did once have a stitch in time and it saved nine :thumb:

Medical advice is what you're told by a qualified individual. Not what's written in tiny print on an intricately folded leaflet in the pill packet.

IMO and with enough £££s he might be able to show that yes, it was due to his perceptions being impaired by medication but that it's not his fault as the possible side effects were not made known to him.

Reading between the lines... He was driving like a c*ck, killed someone by completely losing control. In view of his "previous", the Police did everything they could to obtain evidence as they also believe he's "a c*ck".

I really hope this goes to court properly and the Police and CPS don't fsck it up.

J.

Will let you all know what happens next week....

In my experience stopping in time isn't the problem....

It's being in the wrong place, at the wrong time, as a result of getting there too soon....

Dunx

Causing death by careless driving.

I wasn't aware that there was such an offence.

If he spoke any sense, we'd all be the wiser....

That's why you have a decent job, and mine's sh1t !

Dunx

:) most certainly is mate. Not sure if death by dangerous driving is the same, but the careless driving was taken directly from a proper website, a gov safer driving one :)

I think you'll find its causing death by careless driving though drink and/or drugs.

Update !
 

Apparently case was deferred, possibly till 2009 !! :eek:

The family want the guy nailed to a tree, and "The Press" are out in force....

Retford/Notts. area is best I can offer for a search.

Dunx

The family seem to want justice, not mere compensation for a life lost, R.I.P.