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We are campaigning to ensure that those who choose to put the lives of innocent people at risk by Drinking & Driving have their Licence suspended from the moment they are detected - until such time as they are taken to Court - and not the other way around!
We need your help!
Jamie Crozier had only held a full driving licence for 4 weeks when he was caught drink driving in December 2004!, he received a 12 month ban and got his licence back in December 2005. 3 Months later on the morning of Saturday 18th of March 2006, he caused the death of 18 year old Carl Ferguson - again by drink driving.
By anyone's standards, he should not have been allowed back behind the wheel of a car, yet because of legal loopholes and the way the Law is structured in the UK, he was free to carry on driving for a further 11 months. Only when we discovered by accident in the last week of January 2007 that a law exsisted to apply for a temporary suspension of his Licence did the CPS act and get his licence taken off him.
The Law is very clear on this matter. According to the Road Traffic Offenders Act of 1988, Chapter 53 - section 26 says that a temporary suspension may be considered by a Magistrate or Judge only when a conviction is obtained.
In Laymens terms, seeing as Crozier was not convicted until he pleaded Guilty on 15th January 2007, a ban could not be considered before that date - regardless of the fact he had just finished a drink driving ban and was very inexperienced as a driver.
We believe the Law is Flawed. It relies on the time taken to bring someone before the Courts, and does not include provisions regarding repeat Offenders.
We want to have the Law changed so that the Public are Protected Immediately. If a person had a Firearms Licence and got drunk then walked down a road pointing a firearm at passing cars, then that person would have their firearms licence revoked immediately. Why does this not extend to a drunk driver in his/her car?
A Car is as much of a lethal weapon in the hands of a drunk as a Shotgun is, and the Public have a right to be protected from those who by their own actions, increase the risk to other road users.
We believe that Police should be given the power to immediately suspend the Licence's of any driver who tests positive for excessive alcohol or drugs, and that the suspension should last until they appear in court to answer that charge.
This change would provide the general public with increased protection as they drive on our roads, it would act as a massive deterent to those who think they can flout the Law, It WILL save Lives.
The Live petition closed on Monday 6th August 2007. But we are continuing on with the paper petition. If you would like to carry out a local petition in your area, please email Carl's Mother from the links page, with your address and Dawn will post out petition sheets with a return address and postage should you wish.
To This!
From This...
Because of the actions of a Drunk Driver!
Camapign4Carl – In A Nutshell!
1. Campaign4Carl was launched officially on 20th February 2007.
2. The Aims of Campaign4Carl are twofold.
a. To make an Interim Driving disqualification compulsory and immediate (as soon as a positive test is obtained by the Police)
b. To send a clear message to all drivers that IF you drink and/or take drugs and then drive – You WILL lose your licence IMMEDIATELY and the Interim Disqualification will last until you appear in court to have your case reviewed by a Magistrate or Judge.
3. If successful, the change in the law will be the biggest single deterrence to drink/drug driving ever seen in this Country.
4. The Institute for Alcohol Studies produced consultation paper response in May 1998 called “Drink Driving – The Next Steps” where they advocated the use of immediate Interim Driving Disqualifications. They said
"We have for long advocated the immediate suspension of the licence
both in order to emphasise the seriousness of this road offence and to
prevent further offending due to the length of time elapsing before
cases can come to trial. Some awaiting trial re-offend with more
serious consequences - causing injury or fatality to others. If the
Government is not prepared to permit immediate suspension then its
priority, in the interests of innocent road users, must be to speed up
the court process."
5. The Government believes that The Bail Act 1976 is sufficient to deal with the problem, but Campaign4carl believes that very few Interim Driving Disqualifications are applied for and that some Police Forces do not even know how to go about applying for one or are dissuaded from Applying for one.
6. In the Institute for Alcohol Studies response, they highlighted the reluctance of certain agencies from applying for an Interim Driving Disqualification. They said -
“There has been some improvement as a result of using the Bail Act. However, constrained by the implications of the Regina v Kwame judgement and a sense of justice and fair play, Magistrates have not used this power as often as they ought.”
7. Campaign4Carl believes that the more serious an offence, the longer the delay in bringing the offending driver before a Court. For example, in the case of Jamie Crozier, The initial offence took place on the 18th of march 2006, yet the first Court appearance by Crozier was not until the 8th of January 2007, and even then, an Interim Driving Disqualification was not even mentioned - never mind applied for!
8. Even after pleading guilty to causing Death by careless driving whilst under the influence of Alcohol or Drugs on the 15th of February 2007 at Leeds Crown Court, no application for an Interim Driving Ban was made or recommended.
9. It was only as a result of Carl Ferguson’s Mother discovering that conditions existed within The Bail Act 1976 that Crozier was brought back to Court on the 2nd of February 2007, and given an Interim Driving Disqualification – just 18 days before sentencing.
10. It should also be noted that Jamie Crozier had just finished a 12 month Drink Driving Ban in December 2005, just 3 months before causing Carl Ferguson’s death, and should have been regarded as being High Risk, yet no application for an Interim Driving Disqualification was made until 11 months after the initial offence, and even then only after pressure by the deceased’s Mother.
11. There is another piece of legislation that exists to allow the issuing of an Interim Driving Disqualification, and that is Chapter 53 of The Road Traffic Offenders Act 1988, but this only applies IF a conviction has already been made.
12. Dr Stephen Ladyman MP – Minister of State for Transport has told Campaign4Carl that his Department will be looking at the issue of Drink drivers in November 2007 and that the issues raised by Campaign4carl can be looked at then.
13. Campaign4Carl believes that Government have already dismissed the Idea of Compulsory Interim Driving Disqualifications already – as they ignored the recommendations made by The Institute for Alcohol Studies in May 1998 (9 years ago) and that they are trying to silence Campaign4carl from engaging the entire country in a free debate regarding the issue.
14. Campaign4Carl is endorsed and has been supported by CADD (Campaign Against Drink Driving), SCARD (Support and Care After Road Death), Lord Lofthouse of Pontefract and LARSOA (Local Authority Road Safety Officer’s Association).
15. The driver responsible for causing the death of Pontefract man Carl Blackburn who died on Saturday 19th May 2007 was found to be over the legal limit and is still driving today! No application has been made by the Police or the CPS to give him an Interim Driving Disqualification. Unless something changes, he will be driving for nearly a year before he appears in Court.
16. The Online petition on the Prime Minister’s Website runs until the 6th of August 2007.
17. Further Details can be found on Carl Ferguson’s memorial Website at -
www.rememberingfergy.piczo.com
Dave Malcolm
Administrator – rememberingfergy http://www.rememberingfergy.piczo.com/
Campaign4Carl - http://petitions.pm.gov.uk/Campaign4Carl
18th June 2007
