Death by Dangerous Driving – Possible Charges of Felony
The risk of death by dangerous driving runs high on modern roads. Fast cars and reckless drivers make a lethal combination that poses a real life threat to human life and property on modern roads. To combat this menace there are various statutes and legal provisions incorporated to act both as a safeguard and as a punishment threat to those prone to rash driving habits. One of the basic penalties of bad driving is a ban or temporary prohibition from driving when a person has earned a limit of penalty points for bad driving. Each time there is a vehicle stopped by road traffic surveillance for speeding there are penalty points attached to their license. There is however the provision of Exceptional hardship – a plea that can be put before a court of law by a defendant.
Drivers who collect more than 12 penalty points within a time of 3 years are given the penalty of a provisional ban from driving their vehicles. This legal prohibition from driving is stated under the Section 35 clause of the Road Traffic Offenders Act of 1988. The period for which the ban or prohibition is given ranges from 6 months to more depending on the severity of damage and driving offence committed by an individual. In recent years, this has been one of the primary methods of punishment and control over incidents of death by dangerous driving. Across the world in different countries road traffic accidents caused by careless and drunken driving accounts for more than 50% of the cases.
Death by dangerous driving will entail criminal charges to be filed against the accused. There is a specific distinction between these charges and the plea for exceptional hardship. In case of the latter a defendant can only issue a plea before the court to suspend the sentence of prohibition and allow them their license without which they will face specific hardships; it will however depend on the court for considering the same based on the appeal and its reasons thereof. On the other hand, Death by dangerous driving caused by a vehicle driver will make him liable for maximum sentences for life and a heavy fine, which will be imposed at the same time.
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