scotroutes – Member
So : driving one-handed, towing a trailer and chatting to your gf on the phone for 8 minutes isn’t dangerous, only careless?
Edit- sorry, that’s not a pop at you. I know you are just reporting the facts
It is not uncommon for a defence lawyer to “negotiate” a careless charge out of a dangerous one (whether death is involved or not). Its quite difficult to prove dangerous, and trying ties up huge resources and risks that you fail to get a conviction at all (Juries are unpredictable, witnesses can not appear or bugger up their evidence, defence solicitors can spin the ‘this was just a tragic accident – it could happen to you’ card, evidence may not be admissible on the day due to technicalities etc), so the prosecution can sometimes be convinced to take the lesser charge.
Without witnesses describing the manner of driving as being obviously dangerous* (as there were in the Glasgow case) I can see why CPS would not risk it. * i.e. if you couldn’t see the driver was on his phone would his standard of driving have been remarkable?
However the judge can only sentence on the offence with the guilty – not on what could have been.