5 years in jail for driver who was on phone when she killed cyclist

If somebody just walked or ran out in front of you and you hit them then it's very unlikely to be your fault and thus careless or dangerous driving. if they were on their phone or otherwise distracted and thus their reactions were slower or they were taking the wrong line in the road. well that's a different matter.

Feeder thank you for your bravery in coming on here and engaging with this and like the others I'm sorry for your loss. I think with these things its important sometimes to have a human face to the story so to speak because it just reinforces for me the shear selfishness of this woman's actions and how somebody can still claim to be innocent when the evidence is seen is astonishing so I'm glad for your sakes that she appears to have had her sentence increased to take into account the extra hurt her denials must have caused.

That I didn't know Feeder. The sentence is far to lenient. I'm sorry that you and your family have had to been put through this and for the loss that you've suffered due to this woman.

@ SNS1938

http://www.bbc.co.uk/news/uk-scotland-scotland-politics-33238173

That's longer than I'd expected. So she'll have to serve at least two years? Is there a chance she can do home detention? I really hope not, as two years at home is absolutely nothing. I'd take two years of home detention over spending even a week in prison.

I'd like to see it that this sort of thing gets 10 years, released in 5, but banned from driving for 20. If caught driving whilst banned, go back in to serve the remainder of the sentence in full (as I'm assuming most people like this will be out after serving 1/3 of it for good behavior).

I don't remember if it's as big of an issue in the UK as it is in the US when you're an ex-con and it haunts you for years and makes jobs really hard to get etc. I hope so.

I can't work out how the judge can say

"You have demonstrated remorse which I accept is genuine for causing Mr Speed's death and you are well aware of the devastation that has been caused to Mr Speed's family and indeed all those who knew him."

When she pleaded deleted the phone records, pleaded not guilty, denied making the call ...... Surely someone who is showing remorse would be firstly required to admit their actions.

The sentence is just over 1/3 of the maximum (14 years I believe) for this offence, normally the sentence is shortened for an early plea etc so surely the starting point in a case of no plea (and no remorse?) should be 10-12 years.

At least here in Scotland we are willing to find these people guilty and jail them, but why will she ever be allowed to drive again, if a licensed gun holder used it dangerously and killed someone they would never be allowed a license again, should be the same for a driver.

Alistair, the cyclist, was my brother. I note that some of you have been asking some questions re the sentence, etc. The sentence the driver was given was 5 years for causing death by dangerous driving whilst using the mobile phone and 1 year for defeating the ends of justice. The 2 charges will run at the same time ie total 5 years. As someone already pointed out the driver will not serve the full 5 years. As to the question re if the driver admitted using the phone prior to the trial then the answer is NO.

This was tragic for the victim and his family, and the sentence is deserved.

Yesterday I saw someone driving and using their phone (not hands free), and if I walked along the road today, I'm quite sure I would see someone else doing the same. There are no consequences for those people, and yet their actions are similar to those of the lady in this case.

It's deeply unfortunate that there isn't more action taken to stop this dangerous behaviour, rather than only sanctioning it when it results in tragic consequences.

Every one is talking about five years "in prison", but that was only her sentence, wasn't it ?
Unless things have changed, she will be on parole in 2 1/2 years.
I certainly think the ban should start on her release from prison, and not whilst she is inside (or do they get weekends off to allow the warders a break ?).
WHOOPS ! I just realised the page was open on my friend's account, and not mine, after we did her TdF team together last night.
She didn't write this. I did.
I'm cisgil23.

Does the ten year ban start once she is released?

Why can't the government produce a hard hitting media campaign on the dangers? We are still at the point where awareness of the masses is poor as to the danger using mobiles whilst driving introduces. Its like with seat belts. Sure there are always going to be dim witted exceptions - ie dean gaffney - but the vast majority understand the importance. This was largely down to a media campaign and backing it up with enforcement. We are being failed by our government.

Good to see at least a custodial sentence however - are they telling us that she mowed down a cyclist causing severe head injuries, took her phone out and instead of swiping unlock and pressing the phone button followed by 3 taps of the 9, swiped unlock, menu, call log, clicked on the call, pressed delete, ok then home, call, 999?

That's manslaughter at the least!

What's not clear from the story is whether she continued to maintain that she hadn't made a call after her arrest. I can *just about* understand (nb: not forgive) actions like that taken in a panic, but to not admit to it after the adrenaline has faded is abhorrent.

Kim. I hope you missed the word "dangerous" from your post?

From the sentence she received and the report it appears that she was convicted on both counts and sentenced accordingly.

- For a level 3 offence, i.e. driving whilst "avoidably distracted" the sentencing guideline is 2-5 years with a starting point of 3 years.

- For Perverting the Cause of Justice by concealing evidence in deleting the email the guideline 4-18 months.

So a total of 5 years which must include some aggravating factors seems close to the guidelines.

Even if this was a level one offence, which it doesn't appear to be on face value, then the highest tariff would be 14 years imprisonment.

I think 5 years is long enough. She has to live with that and it is going to haunt her forever.
I firmly believe that most people don't understand the risks they take when driving. Small shunts can kill and mame.
There has to be better education to reduce these kind of incidents.

The 10 year driving ban is simply arbitrary. She'll be back behind the wheel as soon as she's out of prison. For those wondering how, it's easy. Pay cash for a second hand car from some guy on auto trader and drive away. No need for insurance, just drive it until you're caught then the court will simply hand you another driving ban. Rinse and repeat.

I think 5 years is long enough. She has to live with that and it is going to haunt her forever.
I firmly believe that most people don't understand the risks they take when driving. Small shunts can kill and mame.
There has to be better education to reduce these kind of incidents.

The custodial sentence is appropriate and should be used more frequently in these cases. But a 10 year ban?

If you cause a death while driving, you should not be allowed drive again, no ifs, no buts, a life time driving ban. There is NO right to drive, it is a privilege granted under licence, if that privilege is abused then it should withdrawn. It is time to end the culture of the Sacred Driving Licence.

The scary thing is this woman could be back on the roads and allowed to kill again in five years time.

So was the jail sentence because she killed Mr Speed, or because she "was also found guilty of attempting to defeat the ends of justice" ?

I suspect the court took the later charge more seriously.

This is closer to justice but still not enough. Considering she tried to hide her blatant guilt I think fifteen years imprisonment and a lifetime driving ban would be apt.