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Causing Death by Dangerous Driving
Causing Death by Dangerous Driving
Drink Driving Offences
Driving Without a Licence or Insurance
Motoring Offences Colchester Magistrates Court
If you are being investigated on suspicion of causing death by dangerous driving, you should contact a solicitor with expertise in this area of law immediately.
At Gepp Solicitors, our criminal defence team have a high level of experience in dealing with death by dangerous driving charges and investigations. We can represent you from the start, taking steps to ensure that your rights and interests are protected. We will also check that the authorities follow the correct procedure in handling your case.
Our services include:
- Representing you at a police station and during an interview under caution
- Advice on the options open to you
- Establishing any mitigating factors involved in the incident
- Discussing your plea
- Court representation
We have a sound understanding of the criminal justice system in respect of dangerous driving allegations and we will do all we can to defend you during the course of the investigation and any subsequent case. We will ensure the prosecution is held to the highest standards of proof and, where this is not the case, we will push for the charges against you to be reduced or dropped.
Read our death by dangerous driving FAQs.
Consult our causing death by dangerous driving solicitors
How we can help you with a death by dangerous driving charge
Representing you at a police station and during an interview under caution
If you are arrested or questioned on suspicion of causing death by dangerous driving, you should ask a solicitor to represent you. You will be offered a duty solicitor, but you may decide to use your own choice of lawyer. This gives you the option to choose someone with a high level of expertise in dealing with the serious offence of causing death by dangerous driving.
If you ring us, we will arrange for one of our expert criminal defence solicitors to attend you at the police station. We will advise you prior to your police interview and sit in the interview with you to provide advice and representation.
Advice on the options open to you
We will obtain disclosure of the documents in the case against you and advise you on the strengths and weaknesses of your case. We can discuss the best course of action in dealing with allegations that the standard of driving was dangerous and what the consequences might be.
Establishing any mitigating factors involved in the incident
In some situations, there may be mitigating factors which the court might take into account when considering your case. We will go through what has happened with you and establish if there are any circumstances that should be brought to the attention of the court.
- The victim or a third party contributed significantly to the incident
- The victim was a relative or a close friend
- You sustained serious injuries in the incident
- You have a disability or mental illness
- You are pleading guilty to the charge
- Lack of driving experience contributed to what happened
- You were driving because of a proven and genuine emergency, although this is not a complete defence
- You are genuinely remorseful for what has happened
Discussing your plea
We will advise you on the way in which your plea will be treated by the courts. In some circumstances, if you plead guilty to causing death by dangerous driving you could have your sentence reduced by up to one-third. This is because a guilty plea means that the victim’s family and any witnesses to the incident will not need to go through a full trial. It also reduces the pressure on the court system.
The point at which a guilty plea is made will affect the amount of the potential reduction in sentence. If you plead guilty early on, up to the first court hearing, then you could potentially receive the maximum reduction in sentence of one-third.
A guilty plea made later on would receive a smaller reduction, if one was made, reducing to one-tenth for a guilty plea made shortly before the trial. Once a trial has started, no reduction is made for a guilty plea.
If you are taken to court, we will ensure that your defence is thoroughly prepared and that we have been provided with all relevant documents.
We will ensure that you are represented in court by a criminal defence advocate with expertise in dealing with death by dangerous driving cases. Any mitigating circumstances will be raised and you will have the most robust defence possible.
Death by dangerous driving FAQs
What is dangerous driving?
Dangerous driving is defined in section 1 of the Road Traffic Act 1988 as being when the standard of driving has fallen far below that 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 can include:
- Aggressive driving
- Driving while under the influence of drugs or alcohol
- Unsafe overtaking or undertaking
- Ignoring traffic lights or road signs
- Ignoring passenger warnings
- Driving when incapacitated, including from sleep deprivation or when you knowingly have a medical condition that impairs your abilities
- Using your phone while driving
Can you sue for death by dangerous driving?
If you have lost a loved one due to someone’s dangerous driving, you may be able to make a claim for compensation. This could be against the guilty party’s insurance company or, if they are uninsured, the Motor Insurer’s Bureau.
What is the minimum sentence for causing death by dangerous driving in the UK?
The minimum recommended sentence for causing death by dangerous driving is two years’ imprisonment plus a minimum of two years’ disqualification. The maximum sentence is life imprisonment. You could also face an unlimited fine.
Is causing death by dangerous driving manslaughter?
Causing death by dangerous driving and manslaughter are different offences. It can be harder for the prosecution to prove manslaughter, so the choice may be made to charge someone with causing death by dangerous driving rather than manslaughter.
What is the difference between death by careless driving and death by dangerous driving?
Causing death by careless driving involves driving that fell below the reasonable standard expected from a competent driver.
Causing death by dangerous driving involves driving that fell far below the reasonable standard expected from a competent driver. It carries higher penalties.
What are aggravating factors in causing death by careless driving?
The court may increase a sentence in a death by dangerous driving case where there are aggravating factors involved. These can include:
- More than one death was caused by the incident
- In addition to the fatality, one or more victims were seriously injured
- A history of convictions for motoring offences, particularly offences involving bad driving or driving while under the influence of drugs or alcohol
- Disregarding warnings
- Failing to stop after the incident
- Falsely claiming a victim was responsible for the incident
- Swerving the car to try to throw the victim off to enable escape
- The incident involved other offences, such as driving while disqualified, driving without a valid licence, taking a vehicle without consent or driving a stolen vehicle
Our death by dangerous driving solicitors’ fees
Fixed fee advice and representation
We are able to take on some work on a fixed fee basis so that you know exactly how much our fees will be.
Hourly rates for our death by dangerous driving solicitors
For other issues, we provide representation on an hourly rate basis. We will quote you an hourly charge based on the level of expertise needed for your case and keep you updated as to costs throughout.
Speak to our causing death by dangerous driving solicitors in Essex
If you are facing investigation and possible charges for causing death by dangerous driving, you should speak to a solicitor with experience in this complex area of law as soon as possible.
For advice and representation from an expert death by dangerous driving solicitor, contact us today.
Main number: 01245 358894
Main email: email@example.com
Our highly skilled and specialist motoring offences lawyers frequently act on behalf of those facing court proceedings related to a wide range of driving offences..
Our highly skilled and specialist motoring offences lawyers frequently act on behalf of those facing court proceedings related to a wide range of driving offences.
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