39 Heaton Road, Newcastle NE6 1SB

Telephone 0191 2657147

Fax 0191 2659819

Email address

Since our inception in 1985 over four thousand victim families have come to CADD seeking help after losing loved ones killed by drunk and irresponsible drivers. Others have suffered serious injuries caused by criminal drivers.

Many more members of the public, who have not suffered a tragedy have expressed concern and support for our campaign. We aim to advance the education of the public concerning road safety, particularly where it is affected by alcohol or other drugs and to give to victims of road crashes the benefit of our experience by offering sympathetic advice and information about coping with a sudden bereavement. Plus we can explain the often long and complicated legal process which follows.

In the last fifteen years we have seen the deaths from drink related crashes fall from 1170 to 570 last year. Previously drunken reckless drivers were getting away with murder. They were invariably charged only with driving with excess alcohol and careless driving, neither of which included death as part of that charge and they were walking away from court with just a small fine and a short disqualification. CADD encouraged some victim families to challenge prosecution judgements on proceedings and a number of successful private prosecutions were launched demonstrating that offenders were regularly being under-charged.

Official statistics understate the number of deaths and injuries caused by drunken drivers. The latest statistics indicate that 23% of drivers killed in road crashes were over the legal limit, but these figures exclude pedestrians: passengers who were killed whilst accompanying a drunken driver who was also killed: plus the figures quoted exclude drivers not breath tested for medical reasons, or hit and run drivers. Also at present, hospitals are not allowed, unless the driver gives his permission, to give the results of the blood alcohol or drug level of possible guilty drivers as evidence to the police.

We also understand that the police nationally have been instructed not to prosecute or record drivers registering below 40 microgrammes of alcohol per 100 millilitres of breath thereby effectively raising the legal limit to 91 milligrammes, the highest level in the EU. Research show that a large percentage of these casualties could be prevented if the police were given wider powers to breath test and if the legal limit was reduced. In countries where an efficient system of breath testing has been introduced road deaths have fallen by as much as 30%.

Surveys show that over 80% of motorists would welcome such an action. In a recent phone-in poll by a national TV company 89% were in favour of a zero limit. Another NOP run by Bella Magazine in March 1999 showed that out of 1000 people polled 60% wanted a zero limit and 25% wanted the limit reduced from 80 mgs to 50 mgs.

Recently the Association of Chief Police Officers, the British Medical Association, the Association of Police Superintendents the Magistrates’ Association, the Justices’ Clerks’ Society, the AA, the Transport Research Laboratory, PACTS and ROSPA have requested the Government to lower the limit to 50 mgs. It has been proved that at 50 mgs a driver is twice as likely to cause a crash than someone who has no alcohol and at 80 mgs, the present UK limit) a driver is 9.5 times more likely to cause a crash.

Although the DETR recently acknowledged that lowering the legal limit to 50 mgs could save 50 lives and 250 serious injuries and 1200 slight injuries per year, they are deferring any further deceision until the European Commission concludes reviewing its existing proposals in two or three years time. We consider however, that the DETR has serciously underestimated these figures and it is more likely that at least 1500 serious and fatal alcohol related crashes could be averted each year if the legal limit was lowered to 50mgs now.

CADD’s other objectives include :-

(a)surrender of driving licence after a positive evidential breath test

(b)more realist and consistent sentences by both magistrates and judges

(c)better compensation for victims of road crashes

CADD has given written and verbal evidence to various Government consultation committees and the following changes have resulted: -

(1)The creation of a new offence “causing death by careless driving whilst under the influence of alcohol or drugs” which carries a maximum of 10 years jail, and unlimited fine and ban. This new offence makes it almost impossible for drunken killer drivers to escape justice as they had previously

(2)Causing death by reckless driving has been changed to “dangerous”, which should be easier to prove and also carries a maximum penalty of 10 years imprisonment.

(3)New legislation has been introduced allowing the Attorney General to challenge inadequate sentences, if he considers them to be “too lenient”.

(4)Law enforcement officers and judiciary convicted for drink driving offences are now likely to be dismissed from office following tough new guidelines

(5)The police have responded to public concern by stricter enforcement of the law with breath tests being doubled in the last ten years.

CADD members are frequently invited to lecture on drink/drive issues in schools and are involved in rehabilitation courses for convicted drunk drivers and young car crime offenders. We are also founder members of the European Federation of Road Crash Victims and hosted one of the first international meetings. The FEVR has a voice in the European Parliament and our concerns reach those politicians who have the power to harmonise national laws and bring about change for the overall benefit of the Community. We are also members of Eurocare – another international organisation formed to harmonise EC alcohol laws, and PACTS, the Parliamentary Advisory Council for Transport Safety and are affiliated to MADD in the USA, PADD in Australia, CADDD in Ireland and Stay Alert, Stay Alive in South Africa.

CADD PUBLICATION LIST

CADD

39 HEATON ROAD, NEWCASTLE NE6 1SB

TELEPHONE 0191 2657147

FAX 0191 2659819

ROAD FATALITIES “COPING WITH GRIEF”BOOKLET 75p

ADVICE AND INFORMATION ON CRIMINAL

AND CIVIL LAW FOR THE VICTIMS OF ROAD CRIMEBOOKLET£1.50p

9 WAYS YOU CAN HELPLEAFLET 25p

CADD POSTERFREE

ALL ABOVE ARE FREE TO MEMBERS

SPECIAL RATES FOR LARGE ORDERS

BBC VHS VIDEO “LICENCE TO KILL” 1986

30 minutes interviews with CADD victims

Obtainable from Victoria Oliver, BBC 0208 5762541

BBC VHS VIDEO 999 SPECIAL “No Excuses” 1994

Obtainable from Jennifer Wasserman0208 5762415

WE ALSO DISTRIBUTE THE PUBLICATIONS BELOW IN OUR INFORMATION PACK. THESE ARE NOT PRODUCED BY CADD BUT CAN BE SUPPLIED BY TELEPHONING THE ORGANISATIONS DIRECTLY

TITLEORGANISATIONTELEPHONE

THE FACTS

(T/INF/2280DETR0207 2714753

SO YOU THINK YOU CAN HANDLE IT

(T/INF/369) “ “

HOW TO MAKE SURE IT ISN’T YOU

(T/1NF/489) “ “

CRIME AND PUNISHMENTPORTMAN GROUP0207 4991010

GOOD HOST GUIDE ““

DRUGS AND SOLVENTSDEPT OF HEALTH0800 555777

We also recommend NONE FOR THE ROAD by Dr Ronald Denney

Published by Shaw and Sons Tel: 01322 550676

ISBN 0 7219 1530 2 £15.95

DRINKING AND DRIVING

BULL POINTS

Drink driving has dropped dramatically over the past ten years. Drink drive fatalities were 990 in 1986, compared with 540 for 1997. However this is 15% of total deaths, which is still too high
In 1997 189,000 drivers and riders in road injury accidents were breath tested, with a 4% failure rate, which compares very favourable with 65,000 drivers and riders being breath tested in 1987 with a 17% failure rate.

KEY CHANGES IN BEHAVIOUR AND ATTITUDES 1979-1997

Research carried out for the Department between 1979 and 1997 shows significant changes in drinking and driving behaviour since the campaign began in the late 1970s.

The research was carried out amongst men who drive and also drink outside the home.

BULL POINTS

In 1979, 51% had driven after drinking on at least one occasion in the last week, by 1997 this had fallen to 23%
Over the same period the proportion drinking 6 units* and then driving on at least once occasion in the last week fell from 15% to 3%
The proportion claiming to leave the car at home when going drinking” has increased from 54% to 79% and the proportion claiming to avoid the risk by “arranging fore someone else to drive has also increased from 48% to 67% in 1997
In November 1997 prior to the Christmas campaign, 62% of men at risk regarded a “drink/ driver” as someone who has had two drinks or less. In January 1998 this had risen to 71%
There is also a marked reduction in belief that it is difficult to avoid drinking and driving in the social context (61% to 19%) and that knowing you will have to drive spoils the evening (64% to 46%)

* A unit is defined as half a pint of ordinary strength beer, a 25 ml glass of spirits or 100 ml wine.

KEY FACTS

Drink driving is not restricted to the run up to Christmas, but is an all year round problem. In 1997, 3470 people were killed or seriously injured in drink related accidents.
In 1997 38% of drink drive accidents involved only one vehicle compared with 14% for all accidents.
Of the 580 deaths in drink drive accidents in 1996, 59% were drivers or riders over the limit and 41% innocent victims
In the key target age group 16/24, 1090 car drivers and passengers were seriously injured in drink related accidents. 460 of these were drivers who were over the limit and 70 were under the limit, 560 passengers in this age group were seriously injured.
2840 car drivers and passengers of all ages were seriously injured. Of these 1280 were drivers over the limit and 360 under the limit. 1200 were passengers.
There were 11750 men killed or injured in alcohol related accidents in 1997 and 2650 were killed or seriously injured
There were 2720 casualties among women passengers involved in alcohol related car accidents in 1995(the latest year for which estimates exist) 60 were killed and 430 seriously injured.
In 1996 62% of all alcohol related accidents occurred between midnight on Thursday and midnight on Sunday.

Source: Department of the Environment, Transport and the Regions October 1998.

DRINKING AND DRIVING

Legal Alcohol Limits

35 microgrammes of alcohol in 100 millilitres of breath
80 milligrammes of alcohol in 100 millilitres of blood

107 milligrammes of alcohol in 100 millilitres of urine

Limit is scientifically based: set at level where for most drivers the chance of accident involvement rises sharply.

Within the EU, 5 member states had an 80-milligramme limit, 9 have 50. Spain will shortly lower its limit from 80 to 50. Portugal has 40 and Sweden 20.

Measures of success in dealing with drinking and driving

Fatal casualties in accidents where one driver or rider was over the legal limit:

1979 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997

1643 1170 1040 990 900 790 810 760 660 660 540 540 540 580 550

Percentage of drivers and riders killed in GB, whose blood alcohol level was known, and were over the legal limit

19791984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997

32% 26% 26% 24% 23% 21% 19% 18% 19% 20% 19% 21% 19% 21% 18%

Police Enforcement

Breath tests administered in England and Wales

1989 1990 1991 1992 1993 1994 1995 1996 1997

541,000 597,000 562,000 531,000 600,000 678,500 702,700 781,000 860,000

Proportion positive/refused

20% 17% 16% 16% 15% 14% 13% 13% 12%

Breath tests administered in injury accidents in GB

1989 1990 1991 1992 1993 1994 1995 1996 1997

102,000 113,000 110,000 109,000 106,000 110,000 119,000 159,000 189,000

Proportion Positive

10% 9% 8% 7% 7% 7% 6% 5% 4%

Convictions for alcohol related driving offences:

1989 1990 1991 1992 1993 1994 1995 1996

114,000 113,000 104,000 95,000 91,000 90,000 92,000 95,000

DETR October 1998

FATALITIES AND INJURIES ON THE ROAD OF ENGLAND AND WALES 1996

ROAD TYPEFATAL%INJURIES%

Motorways162.0014%1995.04%

Dual carriageways47214%3303811%

Rural166749.6%7820527.8%

Suburban/Residential105931.5%15803356.18%

TOTAL3360281271

Findings of guilt for selected offence groups England and Wales 1996

Male Female

All ages17-2425-2960+All ages 17-2425-5960+

Causing death or bodily harm 3481571691422 220-

Dangerous driving 5584280124544216663926

Driving after consuming

alcohol or drugs 87946220186311423737749 15656018147

(Source: Home office Offenders Index)

Average court penalties given for offences 1988-96 England and Wales

Causing death by dangerous driving1988 1989 1990 1991 1992 1993 1994 1995 1996

Average sentence in months18.4 16.3 16.8 18.5 20.7 22.7 27.4 34.6 31.4

(Source Home Office Court Proceedings database)

NUMBER OF PROSECUTIONS AND CONVICTIONS IN 1996 ENGLAND AND WALES

ProsecutionsConvictionsPercentage

Manslaughter4125%

Causing death by dangerous/careless driving33324573%

Causing death by careless driving whilst under

the influence of drink or drugs6365*100%

Causing death by aggravated taking271866%

*includes two cases of manslaughter charges reduced at court

ROAD DEATHS 3598

No prosecution database)

(Source: Home Office Court Proceedings)

Last year in Great Britain there were711 homicides

260 deaths from AIDS

55 deaths from CJD

3598 deaths on the road

(Source: Association of Chief Police Officers ACPO)

CADD

39 Heaton Road

Newcastle NE6 1SB

Telephone: 0191 2657147

Fax: 0191 2659819

E Mail

FURTHER STEPS TO TAKE

Should you be concerned or dissatisfied at the way in which the case dealing with the death or injury of yourself or your loved one on the road has been handled, write to

The Chief Crown Prosecutor

(CPS) for your area.

Address available from the local telephone directory under Crown Prosecution Service, court, police or Whittakers Almanac in reference library.

If the reply is unsatisfactory then write to:

The Director of Public Prosecutions

4/12 Queen Anne’s Gate,

London SW1H 9AZ

The Attorney General

Royal Courts of Justice,

London WC2A 2LL

If the conduct of the magistrate or judge is questioned write to:-

The Lord Chancellor

House of Lords, London SW1A OPW

If you are dissatisfied with the conduct of the police, write in the first instance to the Chief Constable for your area.

If you are still dissatisfied then write to

The Police Complaints Authority

10 Great George Street,

London SW1P 3AE

If you have a complaint against the Barrister provided by the CPS, write to:-

The General Council of the Bar

11 South Square, Gray’s Inn,

London WC1R 5EL

If you are dissatisfied with the Coroner’s inquest write to

Ms Sally Bruce, Home Office

Constitutional and Community Policy Directorate

Animals Byelaws and Coroners Unit

Queen Anne’s Gate

London SW1 9AT

You can try and get the help of Members of Parliament, House of Commons, London SW1A OAA. Your own MP may not agree to help you but if you ask him to he is under an obligation to pass on your correspondence to the appropriate Minister/Government Department;

Be prepared for the first replies to be the standard brush off letter, full of sympathy, but nothing else. You have to keep writing. Ask yourself at this point if you really want to carry on.

Try and enlist the help of a prominent/eminent person, i.e. someone in the news/public eye (address from “Who’s Who” in the reference library, or local and/or national newspapers or television/radio programmes, who are always interest in “human interest” stories.

If you feel that the law should be modified to give the same rights to victims as presently available to criminal write to

The Home Secretary

Home Office

Queen Anne’s Gate

London SW1H 9AT

You can also write a letter to the Court, for the judge or magistrate to read before the trial, as it often happens that the victim and relatives often appear to be forgotten. The driver brings in character witnesses, probation reports etc. and no mention is made of the character of the victim or the terrible trauma suffered by the relatives and friends.

If the driver does get a jail sentence, you can ask to be informed when he is due for parole. You may wish to have a letter from yourself on his file to be considered when he becomes eligible for parole. If so you can write to:-

The Parole Board

Parole Unit, Prison Service,

Abel House, John Islip Street,

London SW1P 4LH

AFTER THE TRIAL YOU ONLY HAVE 28 DAYS IN WHICH TO APPEAL AGAINST THE LENIENCE OF THE SENTENCE BY WRITING TO THE ATTORNEY GENERAL.

(a)Try to get as many other people to write at the same time, enclosing copies of press cuttings.

(b)You can ask the police for a copy of the Police Report which contains the statements of the witnesses as given to the police. There is a fee to pay of approximately £38.

(c)You can also find out from the court the name and address of the shorthand writers used in your case and write to them asking for a transcript of the evidence given in court by particular witnesses and/or the Judge’s summing-up. Remember to ask how much this will cost because it could be very expensive.

(d)If the accused has previous convictions and you have a rough idea when they occurred you can find out details by looking through old copies of your local newspaper. These may be held on film in your reference library.

(e)NB If you write to more than one MP you must send each letter in an individually stamped, addressed envelope since the House of Commons will not accept bulk posting, for security reasons.

Remember to keep a copy of all letters you send, and try not to send hand written letters, get them typed by a friend if possible. Most libraries have a photocopying machine. It is best to keep all correspondence about your case in a ring binder for easy access.

If you can arrange a meeting with any of the above people/organisations you may wish to record the conversation. If they have nothing to hide they should have no objection.

With grateful help to Linda Varma who assembled this information.

NEWS BULLETIN

NUMBER 6 MAY 2000

AGM, CONFERENCE AND LAUNCH OF EDUCATION PROJECT

At our last trustees’ meeting in April it was decided to incorporate the launch of Education Project 2000, our AGM and a Candlelight Vigil and Conference in London on Thursday 31st August 2000, which is the anniversary of the death of Princess Diana.

We have not finalised all the details yet, but will let you know in our next bulletin where and when we shall be meeting.

One suggestion is that we meet initially at Kensington Palace Gardens, and have a procession to a nearby venue giving out leaflets and posters to passers by. We need to know how many of you, our members, would be interested in joining us on this march, which is the first we have considered for several years.

We are considering meeting again at Alliance House, but if there were enough of us attending, we might be able to arrange an all party meeting in the Houses of Parliament.

It all depends on what you, our members, are interested in doing, and after the very poor attendance at the last Conference, when only 35 people turned up, we are loath to organise something that will be similarly badly attended.

So please let us know your views, before our next Trustees meeting on 15th July at Kegworth.