Leaving The Scene

From ChapmanCentral

Leaving the scene of an "accident" is an offence, but the penalties are sufficiently low that it is an attractive choice for a driver who knows they are unfit through drink or drugs.

A typical case was reported recently: a woman who had, according to witness statements, been drinking, hit a cyclist and left the scene. The cyclist died. The driver reported the crash the next day and was prosecuted for leaving the scene. She was fined and given nine points on her licence. Had she stopped and reported the crash at the time she may well have been prosecuted for drink-driving, which carries a mandatory 12-month ban.

This is madness, of course. It is as if we are rewarding the driver for failing to stop - the penalty for killing the cyclist and leaving the scene to conceal the probable offence of drink-driving, was lower than the standard penalty for drink-driving itself. In some countries a failure to stop and render aid after a crash is apparently considered evidence of malicious intent, which seems entirely reasonable given that prompt aid is often vitally important to trauma survival.

I am going to start campaigning for a change to the sentencing guidelines and maximum sentences so that the penalty for leaving the scene of a crash becomes at least as serious as the penalty for driving while unfit: a mandatory 12 month ban. In addition, where there is death or serious injury, failure to stop should automatically lead to a charge of manslaughter or assault causing grievous bodily harm (both of which carry a maximum penalty of life imprisonment). And where the driver fails to report and has to be tracked down by police there should be an increase in the penalty, preferably a doubling of the disqualification period and any fine.

I would not expect the courts routinely to impose life sentences, but there should be an expectation that where death arises largely through the failure of a driver to call for assistance, the charge of manslaughter and a substantial prison term would be imposed. The fact that the crash itself was unintended is, in these circumstances, immaterial: by failing to render aid, the driver has directly caused death. This is, of course, possible under existing law; the need is to change the Courts' perception of leaving the scene from a minor technical infraction to a serious offence.

The alternative is to continue to offer drivers an incentive to run from the consequences of drunken crashes.