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scrubbedexpat142 Dec 24th 2019 3:21 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by civilservant (Post 12782074)
Section 1, Road Traffic Act 1988 (as amended):

'A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.'

Seems to me like an open and shut case. She was on the wrong side of the road. That rises beyond the level of carelessness in my view.

The extract you quote doesn't prove the argument, only that "an offence" has been committed. If there are no other aggravating circumstances (using a mobile, excess speed, a reckless overtake, etc) - is she guilty of any of these or similar? If not then, the simple error of a "foreigner" warrants a charge of careless rather than dangerous, in my opinion. Having said that it is a very serious matter.

civilservant Dec 24th 2019 3:25 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Expatrick (Post 12782124)
The extract you quote doesn't prove the argument, only that "an offence" has been committed. If there are no other aggravating circumstances (using a mobile, excess speed, a reckless overtake, etc) - is she guilty of any of these or similar? If not then, the simple error of a "foreigner" warrants a charge of careless rather than dangerous, in my opinion. Having said that it is a very serious matter.

I did state in my view.

I am not aware of the exact circumstances in terms of the time of day, but absent it being night, I don't see anything in mitigation either. She knew where she was, she knew what side of the road she should be on, there where signs leaving the base saying 'Please drive on the left' for this exact reason.

Where is the line between carelessness and dangerous? Seems pretty subjective to me. I would throw the book at her, not that it'll matter, because she'll never see the inside of a court room. The above stated it was an example of overcharging by the CPS, I don't agree.

scrubbedexpat142 Dec 24th 2019 3:29 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by civilservant (Post 12782126)
I did state in my view.

I am not aware of the exact circumstances in terms of the time of day, but absent it being night, I don't see anything in mitigation either. She knew where she was, she knew what side of the road she should be on, there where signs leaving the base saying 'Please drive on the left' for this exact reason.

Where is the line between carelessness and dangerous? Seems pretty subjective to me. I would throw the book at her, not that it'll matter, because she'll never see the inside of a court room. The above stated it was an example of overcharging by the CPS, I don't agree.

OK - I didn't know about the signs. Now, I concur with you.

lansbury Dec 24th 2019 5:58 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Expatrick (Post 12782124)
The extract you quote doesn't prove the argument, only that "an offence" has been committed. If there are no other aggravating circumstances (using a mobile, excess speed, a reckless overtake, etc) - is she guilty of any of these or similar? If not then, the simple error of a "foreigner" warrants a charge of careless rather than dangerous, in my opinion. Having said that it is a very serious matter.

She drove, I believe, half a mile on the wrong side of the road towards the brow of a hill. Driving on the wrong side of the road in those circumstance would be dangerous. The foreigner in a strange country comes into the equation as mitigation for sentencing.

BEVS Dec 26th 2019 5:09 am

Re: US Diplomat's wife kills biker in UK then flees country :(
 

What do snowmen eat for lunch?
Iceburgers or Brrrr-itos!
:santa:

Yankashire Dec 28th 2019 4:54 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 
I remember seeing the headline for this a couple of months ago, but I hadn't heard how it had turned out. I can't say I'm familiar with the legalities here, but it is a very sad case...

Essentially the only thing I remember about diplomatic immunity is a story I read about a mountain of unpaid parking tickets in Washington. If I remember correctly, the Canadians were supposedly always good about paying their tickets, while some others ignored them with impunity. I can't remember reading about a case involving a death, but I imagine there have been many in various countries over the years...

Yankashire Dec 28th 2019 5:07 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Yankashire (Post 12782882)
I remember seeing the headline for this a couple of months ago, but I hadn't heard how it had turned out. I can't say I'm familiar with the legalities here, but it is a very sad case...

Essentially the only thing I remember about diplomatic immunity is a story I read about a mountain of unpaid parking tickets in Washington. If I remember correctly, the Canadians were supposedly always good about paying their tickets, while some others ignored them with impunity. I can't remember reading about a case involving a death, but I imagine there have been many in various countries over the years...

I should add that the reference to parking tickets was not at all intended to minimise the seriousness of this case... although as to whether the law on diplomatic immunity should be amended, I'd have to know more about it to form an educated opinion...

robin1234 Dec 28th 2019 5:31 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Yankashire (Post 12782882)
I remember seeing the headline for this a couple of months ago, but I hadn't heard how it had turned out. I can't say I'm familiar with the legalities here, but it is a very sad case...

Essentially the only thing I remember about diplomatic immunity is a story I read about a mountain of unpaid parking tickets in Washington. If I remember correctly, the Canadians were supposedly always good about paying their tickets, while some others ignored them with impunity. I can't remember reading about a case involving a death, but I imagine there have been many in various countries over the years...

The worst scofflaws in this regard are the Americans, who refuse to pay their London congestion charge. Apparently the United States Government owes over £12 million in unpaid congestion charges. https://www.standard.co.uk/news/lond...-a4158936.html

Yankashire Dec 28th 2019 6:16 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by robin1234 (Post 12782885)


The worst scofflaws in this regard are the Americans, who refuse to pay their London congestion charge. Apparently the United States Government owes over £12 million in unpaid congestion charges. https://www.standard.co.uk/news/lond...-a4158936.html

I don't know what a congestion charge is, but I will assume it's an objection on principle 😅

Yankashire Dec 28th 2019 6:19 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Yankashire (Post 12782895)
I don't know what a congestion charge is, but I will assume it's an objection on principle 😅

Ahh... having read your attached article, I think I get the concept...

I guess we'll see what the ICJ has to say...

jkeller Dec 28th 2019 6:59 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Yankashire (Post 12782882)
I remember seeing the headline for this a couple of months ago, but I hadn't heard how it had turned out. I can't say I'm familiar with the legalities here, but it is a very sad case...

Essentially the only thing I remember about diplomatic immunity is a story I read about a mountain of unpaid parking tickets in Washington. If I remember correctly, the Canadians were supposedly always good about paying their tickets, while some others ignored them with impunity. I can't remember reading about a case involving a death, but I imagine there have been many in various countries over the years...

Georgian diplomat in DC about 20 years ago....

https://en.wikipedia.org/wiki/Gueorgui_Makharadze

robin1234 Dec 28th 2019 7:01 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Yankashire (Post 12782896)
Ahh... having read your attached article, I think I get the concept...

I guess we'll see what the ICJ has to say...

Hmm .. I think the USA is more “might is right” than “international law.” So I wouldn’t expect the US government to start paying its tickets.

materialcontroller Dec 28th 2019 7:21 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by robin1234 (Post 12782907)


Hmm .. I think the USA is more “might is right” than “international law.” So I wouldn’t expect the US government to start paying its tickets.

Or handing over alleged dangerous drivers either, for that matter.

Yankashire Dec 28th 2019 7:45 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by materialcontroller (Post 12782910)
Or handing over alleged dangerous drivers either, for that matter.

Hmm... Well, I guess I was raised to believe that it's a rule-of-law society, regardless of how crass the politics becomes... But of course, rule-of-law will depend on the substance of the law. And no one would dispute that, although the US justice system functions better than those in many countries, it remains far from perfect...

robin1234 Dec 28th 2019 9:16 pm

Re: US Diplomat's wife kills biker in UK then flees country :(
 

Originally Posted by Yankashire (Post 12782924)
Hmm... Well, I guess I was raised to believe that it's a rule-of-law society, regardless of how crass the politics becomes... But of course, rule-of-law will depend on the substance of the law. And no one would dispute that, although the US justice system functions better than those in many countries, it remains far from perfect...

True, it functions better than those in many countries.


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