Careless Or Dangerous Driving Causing Death
Causing death by careless or inconsiderate driving or dangerous driving are serious offences.
You will need expert legal advice and representation as the penalty for such offences include lengthy prison sentences if you are found guilty.
Our specialist Motoring Offence Solicitors have an in-depth understanding of the defences available for causing death by careless or inconsiderate driving or dangerous driving and will immediately step in to protect your best interests and build a robust defence. We know how upset and worried you will be feeling, especially if you rely on your licence to do your job. Our Solicitors understand how alien the Court environment is and will do everything possible to put you and your family at ease. Our team is extremely good at taking the matter off your shoulders, allowing you to feel confident that you have the best motoring law solicitors and defence team in Coventry, Warwickshire and across the Midlands on your side.
We are a diverse, multi-lingual law firm and from our city centre offices in Coventry, our solicitors use best-in-class technology to provide clients with streamlined, modern, and highly effective motoring law advice and representation. Our years of experience in road traffic and criminal law means we have relationships with some of the UK’s best Barristers and King’s Counsel. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses who can provide the Court with the facts required to support a not guilty plea or mitigate the sentence handed down by a Judge.
What is dangerous driving?
Section 2A of the Road Traffic Act (RTA) 1988 states that a person is to be regarded as driving dangerously if:
- (a) the way they drive falls far below what would be expected of a competent and careful driver, and
- (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
A person is also to be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
Dangerous refers to danger to a person or serious property damage.
What is careless or inconsiderate driving?
Careless or inconsiderate driving is defined by the RTA 1988 as:
A person is to be regarded as driving without due care and attention if (and only if) the way they drive falls below what would be expected of a competent and careful driver.”
When assessing whether a person was driving dangerously or carelessly, regard will be had to not only what circumstances the driver should have been aware of but also those circumstances “shown to have been within the knowledge of the accused”.
Examples of careless or inconsiderate driving include:
- Tailgating
- Failing to give way at a junction
- Overtaking and forcing your way into a queue of traffic
- Dominating the middle lane on a motorway
- Overtaking on the inside
- Changing radio stations or reading a map whilst driving
- Eating or drinking at the wheel
- Lane hopping or weaving
- Overtaking and causing an approaching vehicle or overtaken vehicle have to suddenly brake
What is the sentence for causing death by dangerous driving or careless or inconsiderate driving?
Causing death by careless or inconsiderate driving can result in a lengthy prison sentence, especially if you were also under the influence of alcohol or drugs. Dangerous driving is a more serious offence and can result in a custodial sentence of up to 14 years.
Both offences can lead to a ban from driving and a heavy fine.
Our Road Traffic Offence Solicitors understand the Sentencing Guidelines used by the Courts. If you are convicted of causing death by dangerous driving or careless or inconsiderate driving, we will present persuasive mitigating circumstances to the Sentencing Judge so you receive the minimum sentence possible given the circumstances of the offence.
Why choose us
Our Solicitors regularly defend clients facing motoring allegations at the police station and in the Magistrates’ and Crown Courts. We can also help with appeals against disqualification and applications for early reinstatement of your licence.
In some cases, we may be able to obtain legal aid for you. Where legal aid is not available, we charge reasonable and transparent fees and, in many cases, can provide you with a fixed fee so that you will not have to worry about legal costs.
Regardless of the charges against you, you are entitled to a criminal defence. We do not judge our clients; our only objective is to defend you against the Prosecution’s allegations. You can be confident that by instructing us to defend you, your chances of acquittal or a reduced sentence are greatly improved. The most important factor is to contact us as soon as you become aware of the charges brought against you.
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across the Midlands and the whole of the UK.
To receive expert advice and if you have been charged with dangerous driving or careless and inconsiderate driving causing death, please contact us using the form below, call us on Coventry (02476) 231000, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.