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Stiffer penalties for careless driving

15 April 2015

​​Motorists who cause serious injury or death by careless driving may face stiffer penalties under proposed changes to Jersey's road traffic law.

The change follows a fatal road collision on St Clement’s coast r​oad some time ago. Because there was not enough evidence of dangerous driving, the defendant could only be charged with careless driving, which carried significantly-reduced penalties.

The Law Officers' Department is now amending the current law to to include the new offences, which take into account both the seriousness of the action and the severity of the consequences. The proposed legislation:

​Offence / consequence​Dangerous driving​Careless driving while under influence of drink or drugs​Careless driving
​Causing death

Existing law:

  • ​fine
  • up to 10 years in prison
  • at least two years' disqualification

​Proposed increase in penalty: 

  • greater fine
  • up to 10 years in prison
  • two years' disqualification (three years for a second offence)

Proposed new offence:

  • fine
  • up to five years in prison
  • 12 months' disqualification
​Causing serious injury

​Proposed new offence:

  • fine
  • up to seven years in prison
  • at least two years' disqualification

Proposed new offence:

  • fine
  • up to four years in prison
  • two years' disqualification (three years for a second offence)

​Proposed new offence:

  • fine
  • up to two years in prison
  • 12 months' disqualification
​No injury

​Proposed increase in penalty:

  • greater fine
  • up to five years in prison 
  • minimum six-month disqualification

Proposed increase in penalty:

  • greater fine
  • up to 18 months in prison

​Proposed increase:

  • greater fine

Deterrent against unsafe road use

Deputy Noel 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.”

The new offences should mean the court has the power to apply appropriate penalties which will act as a deterrent against unsafe road use.

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