Charged with causing Death by Careless Driving?
Causing death by careless driving and causing death by inconsiderate driving are two of the most serious driving offences.
Penalties for causing death by careless driving
The maximum penalty for causing death by careless driving is up to 5 years in prison. However, not everyone convicted of causing death by careless driving will go to prison.
The Police treat cases of causing death by careless or inconsiderate driving very seriously. They will want to interview those involved, and it is essential you get quality legal representation.
What you say at a police station interview may be used against you, and this can make a substantial difference to the outcome.
Our specialist solicitors have experience in representing motorists accused of causing death by driving offences.
We have secured ‘not-guilty’ verdicts and avoided custody for the driver accused.
Get in touch if you have received:
- a request to attend a police station interview for causing death by driving
- contact from the police telling you that you are being charged with causing death by driving
- a Court Summons
- a Postal Requisition
- a court hearing date
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Free Initial Legal Advice
If you have been involved in a fatal road traffic accident, I would be pleased to have a free initial discussion to see if I can assist you. In the unlikely event I am unable to help you, I will tell you without charge. If you do instruct us for further advice or court representation, I will agree fixed fees for each stage of the work.
We have successfully defended these serious cases before and can give you the best advice. Your insurers may agree to pay our fees, but if not, we offer very competitive rates, despite using only specialist solicitors and barristers.
If you would like to know more please contact us today.
How We help
- We can represent you at the police station interview
- We can obtain the prosecution paperwork and go through it with you
- We check the prosecution papers for errors or defences
- We can write to the prosecution to ask them to withdraw the charge or proceed with a less serious charge
- We can advise you on your plea
- We can respond to your Single Justice Procedure Notice
- We can represent you in court for a plea, case management, trial or sentencing hearing.
We will liaise with your insurance company without charge and explore if there is cover in place to cover our fees. Being accused of such a serious driving offence causes a lot of stress, and we will do our best to keep that to a minimum. Our fees are transparent and very competitive for those who must pay privately.
You will have one allocated solicitor throughout your case and will be assigned a Specialist Motoring Offence Barrister to handle your court hearing. No paralegals or unqualified advisers will be used for your very important case.
For more information please see our FAQs on Death by Careless Driving offences below.
Death by Careless Driving Offence FAQs
Here are some of the questions most frequently asked of our causing death by careless driving solicitors.
What is the sentence for causing death by careless driving?
The sentence for causing death by careless driving can be anything from a community order up to 5 years in prison.
The court must also impose a driving disqualification of at least one year. You may also be required to pass an extended driving test before you can drive again.
What do the police have to prove for careless driving?
For careless driving offences, the prosecution must show that the standard of your driving dropped below that of a careful and competent driver. This gives the prosecution a very low hurdle to get over.
In causing death by careless driving cases, the police also have to prove you caused the death of another person.
Often a prosecution for careless driving will be reliant upon witness testimony and sometimes it can be one driver’s word against another’s. On other occasions, there may be a collision report or even a mechanical report.
What is the standard of a careful and competent driver?
Which cases result in prison sentences?
The cases which may not result in custody are typically those where the driving involved only a momentary lapse of concentration, with no aggravating features. The lowest penalty suggested by the guidelines is a low-level community order.
The court will determine each case on its facts, taking into account the circumstances of the driver.
What is an aggravating factor?
Examples given in the guidelines include:
- Where there are other offences committed at the same time, such as driving other than in accordance with the terms of a valid licence; driving while disqualified; driving without insurance; taking a vehicle without consent; driving a stolen vehicle
- Previous convictions for motoring offences, particularly offences that involve bad driving
- More than one person was killed as a result of the offence
- Serious injury to one or more persons in addition to the death(s)
- Irresponsible behaviour, such as failing to stop or falsely claiming that one of the victims was responsible for the collision
The above list is not exhaustive.
The Court must balance these against any mitigating factors
Are there any examples of careless driving?
Do I need a solicitor for a causing death by careless driving offence?
In these very sad and serious cases, you risk imprisonment, even if you have never been in trouble with the police before.
Can I choose which court hears my case?
The court will then make a decision about whether the case should be heard in the crown or magistrates court.
If the court decides that the case is suitable for a magistrates’ court, you still have the choice to elect for the case to be heard in the crown court. You need to take legal advice before making this decision as there are pros and cons of either venue.
If the court decides that the case should be dealt with by the crown court, you cannot choose to have it heard in the magistrates’ court.
Get in touch by completing the contact form below, and one of our team will get back to you.