In this “Quick Guide” we will take you through the law, the sentencing and the defence for the offence of Causing Death by Dangerous Driving in England & Wales.
The offence of Causing Death by Dangerous Driving is contained within Section 1, Road Traffic Act 1988.
Section 1, Road Traffic Act 1988 states that:
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
What are the penalties for Causing Death by Dangerous Driving?
- Prison Sentence up to 14 years
- Driving Ban of at least 2 years, with a compulsory extended re-test requirement
Sentencing Guidelines for Causing Death by Dangerous Driving
Nature of Offence
The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to othersOther cases of careless or inconsiderate driving
Driving that created a substantial risk of danger
Driving that created a significant risk of danger (Where the driving is markedly less culpable than for this level, reference should be made to the starting point and range for the most serious level of causing death by careless driving)
When will I require legal representation?
As the offence of Causing Death by Dangerous Driving is a very serious criminal offence, as soon as you are aware that you are under investigation for this offence, you should appoint expert legal representation. Seeking specialist advice and representation at an early stage will ensure that the case is properly prepared from the outset.
In these types of cases, certain things said or done by a suspect can be detrimental if the case progresses to a formal prosecution, having Pre-Charge Advice and Assistance from the outset will ensure that a suspect proceeds in his / her best interests.
Things our solicitors look out for in Causing Death by Dangerous Driving cases
- Assessing the strength of the Prosecution case
- Assessing whether the standard of driving was dangerous at the time of the alleged incident
- Assessing the conduct of any other road users
- Assessing the conduct of the deceased at the time of the incident
- Identifying any issues with the Police Collision Investigation Report
- Identifying any discrepancies in the Prosecution evidence
- Identifying whether there is a viable defence
Do you require a solicitor for Causing Death by Dangerous Driving?
If you have just read our quick guide to Causing Death by Dangerous Driving then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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