Our Dangerous Driving Solicitors can provide you immediate assistance
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Dangerous Driving Solicitors- Dangerous Driving is the most solemn (non-fatal) road traffic offence that a motorist can face. This is reflected in the sentencing powers of the Courts as if convicted, the Court can impose a custodial sentence of up to two years, as well as lengthy disqualification periods and elongated re-tests when the driver eventually reapplies for their driving license.
In order to convict someone of a Hazardous Driving offence, the Prosecution must show that the standard of driving exhibited by the defendant was far below the minimum standard of driving expected of the competent and punctilious driver; and that that it would be conspicuous to a competent and conscientious driver that driving in that manner would be Dangerous.
Death by Dangerous / Careless Driving
There is three possible ‘Death by Dangerous / Careless Offences’ offences that a motorist could face in the event that the standard of their driving causes someone’s death. These are:
- Causing Death by Dangerous Driving.
- Causing Death by Careless Driving (whilst unfit through alcohol or drugs).
- Causing Death by Careless Driving (only).
For 1 and 2 above, the Court have the puissance to impose a custodial sentence of up to 14 years confinement together with an illimitable fine, compulsory two-year disqualification and elongated re-testing when the defendant applies for a driving license.
The Court’s sentencing powers upon conviction of causing Death by Careless Driving (only), is significantly lower. The maximum custodial sentence that can be imposed is five years. Again this is to be coupled with an obligatory one-year driving disqualification or 3 to 11 penalty points.
For each of these Driving Offences, the Prosecution must prove the hazardous or careless driving as explicated above, but must additionally prove that the driving of the defendant was a cause of the death of the deceased. Not compulsorily the cause, just ‘more than a remote or trifling link’.
For the traffic offence of causing Death by Careless Driving (whilst unfit through alcohol or drugs), the Prosecution must withal prove that the defendant either was unfit to drive or reluctant to provide an evidential specimen for analysis.
Our motoring solicitors apperceive that any allegation involving solemn hazard or death doesn’t just affect the victims, but additionally the person is inculpated. We take particular care to be sensitive to clients whose liberty and family life are threatened by the prospect of these allegations. In cases involving a death, even if the client is not culpable of an offence, the whole process can be painful. Request a Call Back to knowing more from our Dangerous Driving Solicitors.
The Law of Causing Death by Dangerous Driving in England & Wales
Causing death by hazardous driving is treated as the most solemn motoring offence by the law in England and Wales. A custodial sentence of up to 14 years is virtually an inevitably ineluctable outcome of a conviction.
In integration to a prison sentence, the court has the puissance to disqualify the offender from driving (for a minimum of two years) and require the offender to take an elongated driving test if they operate to apply for a license after the driving ostracize has elapsed.
With such gravity affixed to this malefactor, it is vital that those inculpated of this offence seek professional assistance from reputable and experienced defence solicitors as anon as possible after an incident has occurred. Recognized as the UK’s leading malefactor law firm, Tuckers’ dedicated team of lawyers have a wealth of erudition and experience in the law relating to all hazardous driving offences.
In this guide, we will provide an overview of the law on causing death by perilous driving and the approach we take to malefactor defence in such cases, including the range of defences that may be applicable. It is paramount to be cognizant that even where the facts are not in a defendant’s favor, there are things that can be done to minimize the impact the penalty will have on their life. This guide will withal discuss how arguing for a lesser charge of causing death by careless driving and advancing mitigating factors can reduce the calibre of blame and, consequently, the penalization imposed.
Who can You contact for advice? | Dangerous Driving Solicitors at MB Law Ltd can provide you immediate legal assistance
Please feel free to contact our Team of specialist Dangerous Driving Solicitors/Lawyers who specialise in all the above-described matters related to driving offence in all parts of London namely Hounslow, Uxbridge, Ealing, Kingston, Sutton, Harrow, Wood Green, Leyton, West End, Knights Bridge, Croydon, Bromley, Greenwich, Poplar, Ilford, Romford, Redbridge, Westminster, Brent, Islington, Havering, Barnet, Enfield, Wandsworth, Southwark, Barking and Dagenham, Bexley, Newham, Lewisham, Camden, Barnet, Havering, Merton, Hammersmith and Fulham, Hillingdon, etc.