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Death by Careless Driving: No Further Action

Our Case Study

Nature of the Offence

Mr Moss was the driver of a Heavy Goods Vehicle (HGV) and was driving on the M6 Motorway past Birmingham when he was involved in a very serious road traffic collision between his vehicle and a recovery vehicle.

The driver of the recovery vehicle was sadly pronounced dead at the scene and Mr Moss sustained serious injuries requiring him to be admitted into hospital for several days.

Police Officers from West Midlands Serious Collision Investigation Unit subsequently called Mr Moss to attend a Voluntary Police Interview Under Caution as a suspect for Causing Death by Careless or Dangerous Driving.

Causing Death by Careless or Dangerous Driving

Causing death by careless or dangerous driving is a very serious motoring offence, one which can attract a custodial sentence (prison sentence) of up to 5 years for causing death by careless driving, and a custodial sentence of up to 14 years for causing death by dangerous driving.

Voluntary Police Interview

Mr Moss appreciated the seriousness of this allegation and instructed Mr Kang to represent him at the voluntary interview. Mr Moss received appropriate advice and answered police questions accordingly.

The Outcome

At the police interview, Mr Kang noticed certain issues with the evidence in the case and subsequently raised these issues with the police and CPS following which, the police took a decision to take No Further Action (NFA) against Mr Moss in relation to the collision which occurred on the M6 Motorway. As a result of the issues identified by Mr Kang, Mr Moss was not charged or prosecuted for this very serious motoring offence.

Names have been altered for client confidentiality reasons

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