New motoring offences proposed four years after fatal accident in Jersey

Latvian national Dita Paverniece (27) died in 2011 after the Lotus sports car she was a passenger in smashed into a wall on St Clement’s Coast Road.

The 36-year-old driver was initially charged with causing death by dangerous driving but, due to a lack of evidence, the charge was reduced to careless driving and he walked free from court with a £750 fine and 12-month driving ban.

On Tuesday the States unanimously voted in favour of introducing a raft of additional charges covering a range of offences, including causing death by careless driving, which will carry a maximum sentence of five years’ jail and a 12-month ban.

Other new offences include causing serious injury by careless driving, which will carry a maximum sentence of two years’ imprisonment and a 12-month ban; causing serious injury through careless driving while unfit through drink or drugs (up to four years in prison and a two-year ban) and causing serious injury by dangerous driving (up to five years’ jail and a two-year ban).

The maximum penalties for several existing offences will also increase, including the fine for careless driving, which will rise from £1,000 to £5,000.

Outlining his proposition calling for the law changes, Transport Minister Eddie Noel said that the number of serious incidents in Jersey needs to be reduced.

He said: ‘The number of serious injuries in Jersey has not been decreasing in the last two decades. It is important that we do more to see that we have a declining trend in the future and we have to look at penalties as a deterrent to unsafe road use.

St Martin Constable Michel Le Troquer said that while he supported the proposition he was unsure whether it would affect the behaviour of drivers.

He said: ‘You have to remember that nobody goes out with the intention to deliberately kill or maim anyone with their driving.’

He added that the States has made ‘heavy weather’ of updating the law and he felt that updating the maximum fines of existing legislation would have been sufficient.

Deputy Scott Wickenden also asked Deputy Noel whether he had looked into confiscating vehicles which are not driven safely. The minister confirmed that the idea had been looked into but was not supported.

The proposition was approved unanimously by the States and the laws are likely to be updated within the coming weeks.

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