Read the Scenarios below and applying the relevant case law and legislation advise your clients.
The advice should include all possible charges and possible defences based on the law (case law and legislation). It should also include a thorough discussion of the legal reasoning
The relevant cases that apply to both scenarios are a very recent Appeal Court case and a Supreme Court case
a) A motorcyclist, impatient with the line of waiting traffic in front of temporary lights at some roadworks, weaved his way to the front of the queue of traffic but he rode over the centre line of the road into the oncoming lane. Mr Johnson, a man without any previous convictions, was driving his car at a speed of 25mph when suddenly he saw the motorcyclist but it was too late to take any evasive action and there was a collision. The cyclist broke his leg and was taken to hospital. He was operated on but he later died.
On investigation there was no evidence that Mr Johnson had driven recklessly but it was found that Mr Johnson had allowed his insurance to lapse and, at the time of the accident, was uninsured.
b) Miss Duffy, a recent immigrant to the UK from America, was driving at the proper speed at dusk when a man drunkenly swerved into her path – quite suddenly. He wore dark clothing and was not easy to see. In the collision he died immediately.
On investigation it was found that the pedestrian had considerable amounts of drugs and alcohol in his system. Miss Duffy, while she was possessed of a full driving licence in her own country and was insured in England, her licence in England was provisional and her insurance policy did not cover her when she drove unaccompanied. There was no evidence that she had driven recklessly.
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