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Originally Posted by Jason Dunn
Two years in jail? Oh come on! A fine would be more than enough deterrent - jail time is just stupid. If they hurt someone because they were distracted, then it's vehicular manslaughter or whatnot...this just seems like overkill.
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The table within the article clarifies the situation here in the UK:
Using a mobile phone etc whilst driving 60GBP fine and three points on your license.
Dangerous Driving (due to
any cause due to lack of driver control).
There is also a lesser offence of driving without due care and attention (careless driving) for which there is only a fine.
There are two aspects to the offence of dangerous driving that the prosecution have to prove. Firstly that the standard of driving fell far below the standard expected of a competent and careful driver. Secondly it also has to be shown that it would be obvious to a competent and careful driver that driving in that way would be dangerous. The burden of proof always lies with the prosecution.
The way the UK legal system operates I would be astounded if anyone was actually jailed on a first offence unless there was injuries (excluding death - there is a further charge of 'causing Death by Dangerous Driving'). The quoted jail term is the MAXIMUM penalty, and would I believe only be imposed on a relatively minor number of cases. However, the maximum penalty is there in the event that the defenfent really does deserve it.
It seems that they have just bumped up the maximum penalties - which I would agree should (assuming the driver to be sentient, sober, stable and sensible enough to understand - and many are NOT) provide a more realistic deterent to the mounting problems encountered by drivers.