Luke McCormick has 'No Insurance' charge dropped

[Lord Bracknell]

The classic defence against a charge of causing death by dangerous driving is to make the point that it was "careless", not "dangerous" driving - leading to a not guilty verdict on a charge that can lead to a maximum of fourteen years in prison. Only in very rare cases is the sentence more than five years.

This defence frequently works.

Who is to say that this case won't be any different?

"Causing death by careless driving while under the influence of drink or drugs" is a relative new offence with a maximum penalty of five years imprisonment.

 

[blackprince]

On the issue of the Motor Insurance Database, it is a legal requirement for insurers to put details onto the system. However, there is a small window when a driver may be stopped by the police and although holding valid insurance will not be shown on the database as such. Up until the 31st December 2007, insurers had 14 days from the effective date of the insurance to enter its details onto the database to comply with the law. On the 1st January 2008, the period was reduced from 14 to 7 days. So you could be driving around for anything upto 6 days with the database showing that no insurance was held. Currently the database is operated by Experian onbehalf of the Motor Insurers Bureau and holds details of 25 million insurance policies covering 30 million private and 4 million commercial vehicles. Every day about 75 thousand enquiries are made by the police.

 

[Cian]

If the Motor Insurance Database is anything like the National Vehicle Database here, its entirely possible to go "missing". And considering Experian do it, I'm entirely sure it is. I had a f***ing hell of a time booking an NCT (MOT) after the NCT service and then the Department of Transport said my car didn't exist.

Amazingly they'd still remembered to send me road tax reminders every year...

 

[Dave the OAP]

Any of you who wanted him locked up for life fancy any humble pie yet?

"charges of causing death by dangerous driving and driving with excess alcohol"

what sort of humble pie does that warrant Mr McClure?

 

[Tory Boy]

18 months suspended sentence , 2 year ban and a £500 fine.

He will be lucky to get anything less than 3 years.

TB

 

[saltash seagull]

With any luck he'll be locked up for life. In reality, he'll get a slap on the wrist.

i do appriciate that 2 little boys have been killed here so im not excusing what luke has done but you really want the key thrown away for what has a very stupid mistake? yes he needs punishing but to say throw the key away for something that wasn't premeditated is a bit harsh in my view
i know the family have had a life sentence but throwing the key away wont bring the boys back!

 

[Lady Whistledown]

i do appriciate that 2 little boys have been killed here so im not excusing what luke has done but you really want the key thrown away for what has a very stupid mistake? yes he needs punishing but to say throw the key away for something that wasn't premeditated is a bit harsh in my view
i know the family have had a life sentence but throwing the key away wont bring the boys back!

Agreed, if he's convicted he will undoubtedly have to serve his time, as there must be seen to be consequences for the type of actions he is alleged to have taken.

But there's a big difference in my mind between someone who goes out deliberately to harm others- smashing a bottle and sticking it in somebody's face, for example, a habitual paedophile, a knife-wielding rapist, or a young lad who stabs another in a street fight- and someone who's made a catastrophically wrong but not remotely pre-meditated error of judgement, someone who makes that split second decision without considering the consequences.

It may be proven that McCormick knew exactly what he was doing and stormed off in a fit of pique, fully aware of his pissed status, in which case I would find it harder to understand. On the other hand, he may have had three drinks over the course of the night, and got behind the wheel without really thinking about it. Wrong, but I bet plenty of us have done it. There but for the grace of God...?

Either way, I doubt it ever occurred to him that things would turn out the way they have. I don't see what "throwing away the key" would achieve. Closure for the family of the two dead boys? I doubt it.