Death by Dangerous Driving Solicitors
Specialist solicitors and barristers in Death by Dangerous Driving cases
The offence of Causing Death by Dangerous Driving is, of course, a very serious matter and it will be investigated and considered in great depth by the Police, the Prosecution and the Defence.
The majority of clients we represent for Causing Death by Dangerous Driving are usually ordinary law-abiding citizens who have never been involved in the Criminal Justice System before and understandably are stressed and anxious at the thought that they might be responsible for the death of another person. This is usually a very difficult time for the family of the deceased, the person being investigated/prosecuted and for the family of the person being investigated/prosecuted.
If you would like preliminary advice about the offence of Causing Death by Dangerous Driving, contact one of our team on 0345 222 9955 or alternatively send a message via our Callback button below.
Sentencing Powers for Death by Dangerous Driving Offences
As the offence of Causing Death by Dangerous Driving is very serious, if a person is convicted or pleads guilty, the Court has the power to impose a custodial sentence (prison sentence) of up to 14 years imprisonment. The 14-year maximum sentence is likely to increase to life imprisonment over the next few years, as Parliament are seeking to expand the sentencing powers of the Court when dealing with cases of Causing Death by Dangerous Driving. The sentence imposed by the Court will be based on the evidence, whether the matter progressed to trial and after considering all aggravating and mitigating factors specific to the case.
Below lists the sentencing guidelines for the different levels of causing death by dangerous driving from the Sentencing Council;
|Nature of offence||Starting Point||Range|
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 others
|8 years’ custody||7 – 14 years’ custody|
Driving that created a substantial risk of danger
|5 years’ custody||4 – 7 years’ custody|
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)
|3 years’ custody||2 – 5 years’ custody|
Statute – What is the law?
The offence of Causing Death by Dangerous Driving is contained within Section 1, Road Traffic Act 1988.
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.
Venue – Where a trial will take place
The offence of is indictable only, which means that the case will be heard in the Crown Court.
Late 2018 I was involved in an accident which resulted in a fatality.
The pending police investigation and subsequent CPS referral lasted for over a year.
It was a frightening, anxious and lonely time.
Having never been in trouble with the Police I was ignorant of what lay ahead.
Mr Kang walked me through the process explaining each landmark and potential legal consequences, which sometimes wasn’t easy to hear.
In addition to legal advice he managed my emotional wellbeing with the utmost care and empathy.
I would highly recommend Kang & Co for their specialist knowledge and multi facetted application to each case.
Elements of Causing Death by Dangerous Driving
This offence occurs when a road traffic collision has resulted in a fatality (i.e. death). The Crown Prosecution Service (CPS) must prove that a death has occurred and that the death was as a result of dangerous driving.
What is Dangerous Driving?
The definition of dangerous driving is contained within Section 2A Road Traffic Act 1988. In essence, a person is considered by to driving dangerous if:
- The way a person drives falls far below what would be expected of a competent and careful driver, and
- It would be obvious to a competent and careful driver that driving in that way would be dangerous
It is rarely an issue to establish that a death has occurred because of the road traffic collision. In such cases, the focus of the police investigation/prosecution case will be on the ‘standard of driving’.
It is crucial to remember that not all fatal collisions are because of the driver. Just because there is a fatality, it does not necessarily mean that it occurred because of ‘Dangerous Driving’. An example is, a person could be carefully driving a motor vehicle, at the appropriate speed limit while concentrating on the road and nearby surroundings, when another person or vehicle might cut across their path, resulting in a fatal collision. This would not automatically place the surviving person at fault of Causing Death by Dangerous Driving.
The Police Investigation
When a fatal collision occurs, the police will seek to gather and preserve as much evidence as possible, as this will assist them in establishing whether the fatality occurred as a result of careless driving. It could potentially take the police several months to investigate the circumstances surrounding the collision.
It is important to remember that a person that has lost their life as a result of a road traffic collision, the police are under an obligation to properly investigate the full set of circumstances leading up to and during the collision.
As part of the police investigation, evidence will be gathered from witnesses, video footage, the vehicles involved, toxicology and evidence from the suspect via a police interview under caution. The police are also likely to produce a collision reconstruction report from specialist police experts.
If you are called to attend a police interview under caution for Causing Death by Dangerous Driving, you should contact and appoint a solicitor to represent you at the police station. If you would like information about why you should instruct a solicitor to represent you at the police station, please click the highlighted link.
Decision to Prosecute
If there is evidence to suggest that the standard of driving at the time of the collision amounted to dangerous driving, the likelihood is that a criminal prosecution will be issued against the suspect.
Our specialist team of motoring lawyers have significant experience representing suspects and defendants for death by dangerous driving at the police station and the Crown Court. This is an extremely serious offence which can result in a significant custodial sentence (prison) and to ensure that the case is appropriately analysed and presented before the Court, it is crucial to have a team of experienced specialist motoring lawyers to protect and safeguard your interests.
Our solicitors and barristers will guarantee that your case is properly considered, and every aspect of the prosecution case is scrutinised in immense detail. In such cases we also instruct our own collision reconstruction experts say that we have a second opinion on the evidence and circumstances which resulted in the fatal collision.
The Impact of a Conviction for Causing Death by Dangerous Driving
A conviction for Causing Death by Dangerous Driving can be life changing for both the victim’s family and the Defendant’s family. There is a very high risk that a Defendant convicted of Causing Death by Dangerous Driving will be given a custodial sentence and this will undoubtedly have an impact upon the Defendant’s family and dependants. It is therefore essential to have an experienced and skilled lawyer that has previous experience of such cases. Our lawyers have represented clients where criminal proceedings have been discontinued against suspects and have avoided custodial sentences being imposed on our clients.
Standard of Driving
When assessing whether to prosecute, the police and Crown Prosecution Service (CPS) will carefully consider the evidence surrounding the standard of driving involved. The police will seek to establish whether there is evidence to indicate dangerous driving.
Examples of driving which is likely to be perceived as dangerous include:
- Racing or competitive driving
- Disregarding warning from passengers
- Deliberate disregard of traffic lights and other road signs
- Failing to have proper and safe regard for vulnerable road users
- The speed which is inappropriate for weather or traffic conditions
- Driving while knowingly deprived of adequate sleep or rest
- Operating a vehicle while knowing it has a dangerous defect or poor maintenance
- Overtaking which could not have been carried out safely
- Driving a dangerously loaded vehicle
“I was involved in a fatal road traffic accident on the M6 Motorway on the outskirts of Birmingham in 2017. This was a very difficult time for me and my family because I felt awful that I might have been the cause for the death of another person because of careless driving, I felt awful for potentially being responsible for the death of a son, husband and father. At the same time, I was concerned about my own family and receiving a prison sentence. A prison sentence would have been life changing for me and my family because my wife did not work, and we had recently had a new addition to our family. I was also worried and stressed about how my family would survive financially if I were to be given a prison sentence, I had sleepless nights for many months.
I was initially given a solicitor through my legal expenses insurance and within a few weeks of them being appointed as my lawyers, I got the impression that they didn’t understand how this case would impact upon my life. I found that the panel law firm didn’t return my calls or e-mails either. As the consequences of a conviction and prison sentence would be life changing, I instructed a law firm in London privately.
The London criminal law firm was no better than the firm I had through my insurance company, even though I was paying privately. I got the impression that they were very unsure about their advice and didn’t know much about causing death by careless or dangerous driving.
A family member suggested that I contact Kang & Co Solicitors in Birmingham as they have a very good reputation for these types of cases. I met with Mr Kang and immediately found him to have passion for representing clients and within moments I could tell that he had a wealth of experience and had dealt with many fatal road traffic accidents. He explained everything in simple terms and made sure I knew about every aspect of my case. When he looked through the papers in the case he contacted me and raised some very good points which the other two solicitors had overlooked. Mr Kang spoke with the police and within several weeks the case was discontinued due to the issues he had raised.
The fact that Mr Kang was able to identify weaknesses within the prosecution case that the lawyers at two other firms hadn’t speaks volumes of his attention to detail and skill.
I am grateful for the skill, support and advice provided by Mr Kang and I honestly believe that if I had stayed with my previous solicitors, I would not be seeing my daughter grow up.”
Funding a Case via Legal Expenses Insurance (LEI)
Vulnerable Road Users
Drivers encountering vulnerable road users such as cyclists, motorbike riders, horse riders, pedestrians and those working in the road are considered as vulnerable road users.
You are expected to take extra care when driving near or passing any vulnerable road users. Driving too close to a motorbike, allowing the vehicle to mount the pavement, driving into a cycle lane or driving without the care needed near a pedestrian crossing are all considered when assessing your standard of driving. The court will use these to decide if the standard fell below what is expected and is considered dangerous.
Finding a Solicitor
Anyone being investigated or prosecuted for Causing Death by Dangerous Driving will need a solicitor to represent them during the police station interview and at Court. This offence attracts a prison sentence, and therefore your liberty and livelihood are at significant risk. Care should be taken to ensure that you instruct an experienced specialist solicitor that has considerable knowledge of this offence and has represented ordinary law-abiding citizens facing this prosecution.
At Kang & Co Solicitors, we are a specialist law firm established to represent professionals and ordinary people that have not been involved with the Criminal Justice system previously. We are not a Legal Aid law firm and understand this may be your first encounter with the Criminal Justice System. We know this is a challenging time for you and your family and we are at hand to assist, advise and represent as appropriate.
If you would like to speak to one of our lawyers about your case, please call 0345 222 9955 or fill out our enquiry form below.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
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