Help - Search - Members - Calendar
Full Version: Is there any justice
FightBack Forums > Discussion > News / Press Articles

Now I know it's the Daily Wail, however how can this be right? The driver made a conscious decision to drive whilst under doctors guidence not to. A three year ban seems daft, he should have a minimum ban and have to have a medical prior to driving again.

At least he was sent away.


I'd have locked him up for 10 years and a lifetime ban from driving, as he obviously refused to listen to advice suggesting it wasn't safe to drive.

There is a similar case in Glasgow which is now being reinvestigated where a driver missed appointments and didn't report having blackouts at the wheel. He killed 2 young girls and walked away. IMO he should have been convicted of manslaugher as I believe its criminal negligence driving when you know you shouldn't be as a result of a medical issue.
The Rookie
As someone with sleep apnea will sail through a simple medical, not sure what that would achieve, I think the sentancing looks about right.
The sentence has to be seen in the context of the maximum sentence for causing serious injury by dangerous driving which is 5 years. The article doesn't say whether he pleaded guilty, but if he did he'd be entitled to a reduction of up to a third, giving an effective maximum of 40 months.

I don't think there are any definitive sentencing guidelines for the offence yet, however logically it would depend on two things - the seriousness of the injury and the culpability of the driving. The seriousness of the injury is obviously very high indeed, however while driving against medical advice is certainly very culpable, is it more culpable than, say, getting drunk, stealing a car and leading the police on a high speed chase through a built up area? If not then the sentence should be less than the maximum, as it's not the most serious version of the offence which can be envisaged.

AFAIK the court has no power to order him to take a medical before he gets his licence back. Rather, as the DVLA are now (presumably) aware of his condition they'll revoke his licence on medical grounds and won't give it back until they're satisfied that his condition is under control. This happens independently of the court process.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2020 Invision Power Services, Inc.