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An allegation of causing death by dangerous driving is extremely serious, call 01616 966 229 or complete our online enquiry form. Causing death by dangerous driving is one of the most serious, if not the most serious, of all motoring offences.
If convicted of causing death by dangerous driving you will almost inevitably receive a prison sentence. These cases can only be dealt with by a Crown Court and if you plead not guilty your case will be heard before a jury.
The maximum sentence for causing death by dangerous driving is 14 years imprisonment which could have a devastating impact on anyone convicted of the offence. The court has also the power to impose a disqualification from driving for a minimum of two years and an extended driving test.
If you have been involved in an incident where the death of another has been caused then it is vital that you obtain immediate legal advice so that your side of the story is conveyed to the police at an early stage. The defence process needs to be started early on so that you receive good clear legal advice on how to proceed.
In order to prove the offence the prosecution must establish that your driving would have been obviously dangerous to a reasonably competent driver, and that driving was a cause of the death of another person. The driving may be alleged to be dangerous for a variety of reasons including, but not limited to, driving at high speeds, aggressive driving, overtaking where it is illegal to do so, ignoring road signs or traffic markings, driving a vehicle which is not road worthy and driving under the influence of excess alcohol or under the influence of drugs.
The most effective way to defend cases that fall into this category is by putting forward a strong factual defence to establish that you did not drive in the manner alleged by the prosecution. At Stephensons our specialist motoring offences solicitors can help by taking your detailed instructions on what really happened, obtaining witness statements, collating expert reports and carrying out accident and scene reconstructions.
If you face investigation or prosecution for an offence of causing death by dangerous driving the importance of seeking early expert legal advice cannot be overstated.
Our expert solicitors have a proven track record of success in this area and have successfully defended many cases. We have acted for both private individuals and HGV drivers and have widespread experience of analysing prosecution evidence and preparing an effective defence. We also have strong relationships with leading experts in the field of accident reconstruction - this evidence is often a crucial part of any defence.
We can assist you from the very outset of an investigation, by accompanying you to the Police Station for interview, all the way through to conclusion at trial.
The offence of causing death by careless or inconsiderate driving came into force in August 2008. The number of prosecutions being started for causing death by careless or inconsiderate driving is rising sharply and it is clear that the Courts are treating this as a very serious motoring offence. If the matter was to be dealt with in the Crown Court then there is the potential for a maximum sentence of five years custody.
If you have been involved in an incident where the death of another has been caused then it is vital that you obtain immediate legal advice so that your side of the story is conveyed to the Police at an early stage. The defence process needs to be started early on so that you receive good clear legal advice on how to proceed. Call our 24/7 helpline 01616 966 229 or complete our online enquiry form.
In order to prove the offence the prosecution must establish that your driving fell below what would be expected of a reasonably competent driver; and that your driving was a cause of the death of another. Any driver could be faced with this offence if prior to an accident you have;
Please note that this list is not exhaustive but any of the above features may well be regarded as aggravating the offence and would therefore increase the risk of you being sent to prison.
As with offences of causing death by dangerous driving, these cases are often defended on a factual basis - for example by establishing that you did not drive in the manner alleged by the prosecution. There is often a large evidential difference between what is alleged by the prosecution and what actually happened. This is where the knowledge of an experienced motoring solicitor can be invaluable.
If you face investigation or prosecution for this type of offence the importance of seeking expert advice as soon as possible cannot be overstated. We can assist you from the very outset of an investigation, by accompanying you to the police station for interview, preparing the case and gathering expert evidence to support the defence case and eventually all the way through to conclusion at trial.
Causing death whilst driving unlicensed, disqualified or uninsured is a serious motoring offence, if dealt with by a Crown Court the maximum sentence is 2 years of imprisonment. If you have been accused of causing death whilst driving unlicensed speak to one of our motoring offence solicitors call us on 01616 966 229 or complete our online enquiry form.
The level of the sentence imposed will be largely determined by the presence of aggravating features or additional mitigating features. It is therefore imperative that if you are charged with this offence, you seek specialist advice regarding mitigation from a motoring offence expert.
If you are being investigated for this offence, you should seek specialist legal advice as early as possible in order to protect your interests. We can assist you from the very outset of an investigation; accompany you to the police station for interview; and, represent you in court.
This offence has only recently come into force and already issues have been raised as to what circumstances allow a prosecution to be made. It is therefore essential that you obtain legal representation so that you can ensure you have the best chance of successfully defending the charge.
Contact Stephensons by completing our online enquiry form or call our 24/7 driving offence helpline on 01616 966 229.
The Road Traffic Act 1988 states that "a person who causes death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence".
Causing death by driving is divided into four offences, which are:
In the eyes of the law, causing the death of an individual, whether they are a pedestrian, passenger, another road user or a member of the emergency services, is a serious offence that usually carries a jail sentence. For an offence to be considered ‘dangerous driving’, the driver’s regard for the laws, the rules of the road and the safety of other road users must fall ‘far’ below what is generally considered acceptable standards by a competent driver.
Causing death by dangerous driving is a complex area of law. For a conviction to be imposed by the court the prosecution will have to establish that the death would not have occurred were it not for the driver driving dangerously. This may not be as easy to prove as it sounds and the sequence and the timeline of events is integral. A common approach to defending such an allegation is by establishing that you did not drive in the manner alleged by the prosecution. There is often a large evidential difference between what is alleged by the prosecution and what actually happened. This is where the knowledge of an experienced motoring solicitor can be invaluable.
The maximum prison sentence for causing death by dangerous driving or careless driving under the influence of drink or drugs is currently 14 years. If an offender pleads guilty to this offence, they may have their sentence reduced by up to a third. Whatever the sentence given by the court, the offender will experience a period of driving disqualification and a compulsory extended driving license re-test will be imposed once the period of disqualification is over.
When it comes to the sentencing, the judge or magistrate will consider the following:
Depending on the sentence, typically, an offender will only serve around half of their sentence in prison and the other half on licence in the community. However, if the offender breaches their conditions or breaks the law again whilst on license, they may end up being sent back to prison.
The difference between careless driving and dangerous driving is:
Careless driving - ‘Falls below what would be expected of a competent and careful driver.’
Dangerous driving - ‘Falls far below what would be expected of a competent and careful driver.’
These two offences may sound similar but, in the eyes of the law, they are very different. They carry vastly contrasting sentences if an offender is found guilty. Careless driving generally means driving without due care and attention or without reasonable consideration for other road users. This can include offences such as not stopping at a red light, overtaking on the inside (known as undertaking), sudden braking and driving while avoidably distracted.
Dangerous driving is a far more serious offence than careless driving and can carry a prison sentence even if you do not cause an accident or injure or kill anyone. Examples of dangerous driving include:
If you kill or seriously injure a person while committing a dangerous driving offence, it is likely you will receive a prison sentence, as well as a driving ban for a period of time. If you are facing a charge for dangerous driving you will need legal representation; contact one of our dangerous driving solicitors on 01616 966 229.
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