In the last six months the press have reported on a number of cases that have collapsed due to the failure of the police to provide full disclosure to the defence. These cases have highlighted the failings in the disclosure process and resulted in a...
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. For free initial advice call our 24/7 helpline: 0333 344 4889 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;
- Failed to comply with a road traffic signal
- Been distracted by a car radio or communication device
- Mis-used a lane or disregarded a priority
- Undertaken other vehicles
- Travelled too closely to another vehicle
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.