Law firm warns Yorkshire drivers of tougher sentences for those who kill while using mobile phones

John Hall, regulatory partner
Satpal Roth, regulatory solicitor

Drivers who kill on Yorkshire’s roads whilst texting or talking could face up to 14 years behind bars under tough new sentencing guidelines.

Decided by a committee headed by Senior Judges of England and Wales, the new guidelines state that fatal accidents that occur while a motorist is distracted by using a hand-held mobile phone will attract sentences of between 4 and 7 years. However, increased terms of up to 14 years will come into place if other aggravating factors are present, such as previous convictions or failing to stop at the scene of the accident.  A heavier sentence will be attracted where there are multiple fatalities.

Motorists involved in fatal crashes after drink driving, taking drugs or committing bad driving offences face similar jail terms. Severe penalties will also be incurred by drivers who kill cyclists in cycle lanes.

Satpal Roth, road traffic specialist lawyer with Leeds and Bradford law firm Gordons, stated: “The guidelines for individuals convicted of killing whilst under the influence of drugs or alcohol currently range from 26 weeks to 14 years, depending on the amount of alcohol or drugs that that individual has consumed.

“The most severe sentences will be given to individuals who kill after a sustained period of dangerous driving, such as travelling at an excessive speed for a considerable distance.”

Lord Chief Justice Phillips stated that cases involving death on the roads are “the most difficult” cases that the Courts are faced with.  In recent times the Crown Prosecution Service has reassessed the framework for driving offences, resulting in two new offences, namely causing death by dangerous driving and causing death when driving whilst disqualified, uninsured or no licence. 

A particular focus however is given to using a mobile phone at the wheel and those found guilty of causing an accident which results in death are more than likely looking at a custodial sentence.

If you would like further information please contact John Hall at john.hall@gordonsllp.com or Satpal Roth at satpal.roth@gordonsllp.com

Published: 19th August 2008

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