Safe Speed Forums

I came across this story in a local rag:

Go straight to jail

Expert warns new law could send more drivers to prison

By Mick Browne
Sunday, 23 November 2008



An Ulster forensic engineer — engaged in the legal defence in some of Ireland’s most notorious murder cases — has warned a new driving offence about to come into force shortly is “frightening” — and will see drivers being hounded and possibly wrongfully jailed.

John McGlinchey, who is the founder of Magherafelt firm Forensic Engineering Solutions, fears ordinary drivers involved in accidents could shortly be criminalised when a new charge of careless driving causing death is introduced in Northern Ireland.

Aside from high-profile criminal trials, his work involves providing forensic and scientific analysis and evidence in road traffic incidents, dangerous/careless driving, forensic ballistics and firearms, eyewitness scrutiny, scene evaluation and forensic computing.

But he strongly dislikes the misconception of the ‘CSI Miami’ image of his work.

“I personally have never been involved in a case with the sheer wealth of evidence that was against any defendant. But what an interesting case — sex, money, conspiracy, yachts, Las Vegas hitmen and the FBI.”

John “fell into” his current role after working as a draughtsman for an accident investigator and “evolved into it” by 1985 on his own cases after serving his apprenticeship.

He said: “I quickly realised I loved it and have wanted to do it ever since.”

The Magherafelt man told Sunday Life investigating dangerous driving has become his “passion”, but he fears ordinary drivers involved in accidents could shortly be criminalised under a law change due here shortly.

The charge of Careless Driving Causing Death could mean drivers being charged if evidence is given by a police officer that their driving fell below what they would see as acceptable standards. However, John believes that the guidelines and judgments on this could be so varied and hard to

determine that many motorists will be charged and end up in prison if someone dies as a result of an accident involving them.

He said: “When someone dies on our roads the impression is that someone — a driver — is at fault and must therefore be prosecuted.

“Invariably this results in a charge of dangerous driving causing death, or dangerous driving causing grievous bodily injury — either of which will probably take you to jail.

“In relation to driving offences, the test of the standard of driving is entirely subjective and therefore somewhat arbitrary. The difference between careless driving and dangerous driving is that which falls below or far below that of a careful and competent driver.

“What is below, and what is far below; what is the datum from which each is assessed?

“To make matters worse, many of these cases are prosecuted on the basis of evidence from police officers who may not be trained to any acceptable degree in the investigation of accidents.

“Going to the cinema doesn't make me an actor — attending traffic accident scenes doesn't make officers experts on that issue.

“What this new charge of careless driving causing death will mean practically any aspect of driving that falls short of the requirements of the Highway Code, seen as the counsel of perfection, could constitute carelessness. No one could reasonably be expected to consistently reach this standard. And when these drivers — most of whom do not set out to intentionally do harm — are incarcerated, they are celled with murderers and rapists.”


”We are all potential victims of this law, once you get behind the wheel of your car.”

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Anyone who tells you that nothing is impossible has never bathed in a saucer of water.

In Amerika, we are somewhat lucky, in that, unless you are legally drunk or legally high, the car collision that causes a K/SI, in and of itself, is not even prima facie evidence of 'reckless driving', much less 'reckless driving causing serious injury', or 'reckless driving causing death'.

Being proven guilty of a lesser traffic violation committed during such an injurious collision is usually considered prima facie evidence of reckless driving causing injury/death.

Being legally drunk or legally high during such an injurious collision is usually tantamaount to res ipsa loquitur ... an open&shut case.

Instead of beating my latest favorite drum about improved driver education, training, and testing, I'll just say that I thought of RobinXe's sig while I was reading this ...

Don't people have the right to understand the charges against them?

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The Rules for ALL ROAD USERS:
1) No one gets hurt
2) Nothing gets hit, except to protect others; see Rule#1
3) The Laws of Physics are invincible and immutable - so-called 'laws' of men are not
4) You are always immediately and ultimately responsible for your safety first, then proximately responsible for everyone's
Do not let other road users' mistakes become yours, nor yours become others
5) The rest, including laws of the land, is thoughtful observation, prescience, etiquette, decorum, and cooperation