Up to ten years for death by careless driving as minister closes loophole

Thursday 16 April 2015

Drivers could face up to ten years in prison for causing death by careless driving as ministers move to close a loophole that allowed a man to get off with a £750 fine and a 12-month driving ban after a crash that killed a young woman.

Transport Minister Eddie Noel wants to introduce a whole set of new offences covering causing death or serious injury while driving carelessly, dangerously, or under the influence of drink or drugs.

The call for new legislation follows the tragic death of Dita Paverniece (27) in a late night crash on St Clement’s coast road in 2011 – the driver of the car was eventually prosecuted on one count of careless driving, and was fined £750 and banned from driving for a year. His lawyer had successfully challenged the admissibility of a statement he made to police after the accident that he had been driving fast, and a charge of causing death by dangerous driving was dropped by prosecutors, and the careless driving charge was substituted.

Transport Minister Eddie Noel said that that he wanted to get draft legislation in front of the States as soon as possible to get the law change through.

In December, he had said that the Attorney General – who heads Jersey’s prosecution service – had thrown his backing behind the change.

He said: “I am pleased that law drafting process can now start and I know everyone will be working to get draft legislation for States debate as soon as possible.”

Under the proposed new rules, causing death by dangerous driving would carry a maximum prison sentence of ten years and a two-year ban on release, with the same penalties applying to causing death by careless driving under the influence of drugs or alcohol. Another offence for causing death by careless driving would carry a maximum sentence of five years.

For causing serious injury by dangerous driving, the maximum prison sentence would be seven years, while causing serious injury by careless driving under the influence of drink or drugs would carry up to four years, and simply causing death by careless driving would carry a maximum penalty of two years in prison.