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Death phone drivers to face 14 years
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15 July 2008
Drivers involved in death crashes after drinking or taking drugs face similar penalties, as will those who were driving at greatly excessive speed over long distances.
Under new sentencing guidelines sent to the courts today which come into immediate effect, there are to be stiffer penalties for drivers who kill after getting too close to cyclists or who go into cycle lanes.
Sentences of two to five years are recommended for motorists who kill when driving despite knowing that they are tired or have failed to take prescribed medication or are in
a vehicle that they know to have a dangerous defect. There will also be longer driving bans for other motoring offences.
The new rules, issued today by the Government's Sentencing Guidelines Council, follow anger from victims' families and campaign groups about lenient punishments handed out to some killer drivers, some of whom have escaped with a fine.
The guidelines for sentences for offenders convicted of killing while under the influence of drink or drugs range from 26 weeks to 14 years depending on the quantity of alcohol or drugs consumed.
The Lord Chief Justice, Lord Phillips of Worth Matravers, said cases involving death on the roads are among the "most difficult" facing the courts.
He added: "The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard for the safety of other road users to a terrible moment of inattention."
The heaviest sentences for death by dangerous driving will be given to motorists who kill after a sustained period of dangerous driving, such as travelling at greatly excessive speed over a considerable distance.
Fatal collisions which occur while a motorist is writing or reading text messages and cases where a motorist was distracted by a hand-held mobile will also be "treated as particularly serious" and attract sentences ranging from a minimum of four to seven years.
Longer terms up to the 14-year maximum are advocated when other aggravating factors, such as previous convictions, or a failure to stop, are present. Cases where there are multiple fatalities will also bring a heavier sentence. The reforms include a string of other measures. Causing death while driving unlicensed, disqualified or uninsured - will mean starting penalties ranging from a community sentence to 12 months in jail.
But those convicted of the new offence of causing death by careless driving could get a community service sentence if the fatal crash follows a momentary loss of concentration. Such a move will dismay some campaigners.
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