Death by Dangerous Driving
With so many factors affecting both culpability and the nature of the sentence, it is important that if you are being prosecuted for death by dangerous driving you get professional advice from an expert solicitor who specialises in UK motoring offences. CM Solicitors are experienced in dealing with road traffic offences and can offer you an expert defence if you are facing a possible conviction. We will advise you on every stage of your dangerous driving case and will always do our best to bring you the best possible outcome from your case.
Where dangerous driving results in death, the driver who is allegedly responsible will be given a specific charge of causing death by dangerous driving. This is a very serious offence which frequently results in lengthy prison sentences. It can only be dealt with in the Crown Court. As such, high quality legal representation is crucial.
The punishment for death by dangerous driving under UK driving law is between 3 and 11 penalty points and disqualification for a minimum of two years plus up to 14 years imprisonment. Anyone convicted of causing death by dangerous driving must take a re-test before they will be permitted to drive again.
A number of factors will be taken into consideration by the judge when determining the sentence for death by dangerous driving. Circumstances which may cause a harsher penalty include:
- prior conviction(s) for speeding, dangerous or careless driving
- drink driving - the driver being under the influence of alcohol or drugs
- the driver being found guilty of other offences such as driving without a license or without insurance at the same time the dangerous driving incident occurred
- ignored warnings from passengers
- speeding - driving at an excessive speed
- driving while suffering from a medical condition which may impair driving skills such as epilepsy or low vision
- driving while extremely tired
- driving a vehicle which is not roadworthy, for example if the driver knew the brakes were faulty or the tyres needed replacing
- driving without due care - driving while distracted including talking on a mobile phone, texting or reading a map
- aggressive driving such as overtaking on a bend, weaving between lanes, undertaking or deliberately cutting off other drivers
- multiple victims - if more than one person is killed or there are serious injuries in addition to a death
- behaviour at the time of the accident including any attempt to avoid arrest, to leave the scene of the crime or any bail or parole conditions
While the penalty if convicted for death by dangerous driving will be worse depending on the defendant's behaviour, the penalty may also be reduced depending on certain mitigating factors which include:
- a clean driving record with no previous convictions
- a guilty plea
- clear evidence of genuine remorse
- youth or inexperience which may have caused the driver to not know how to react to a situation
- serious or life-changing injury to the defendant
Call CM Solicitors on 08450 944544 for a free consultation about your dangerous driving case.
