Dangerous Driving and Death By Dangerous Driving

If you are facing an allegation of dangerous driving, our expert motoring offence solicitors are here to help.

We appreciate that most people in this situation are frightened about the penalty that will be imposed by the court. You may have to undergo a police interview and require assistance at the police station. There’s no need for you to go through this situation on your own.

We have fully police station-accredited motoring law solicitors with vast experience of dealing with all police station matters. We have also spent many years advising clients on defensive strategies designed to create the best possible chance of securing an acquittal.

Our involvement in your case from the moment you are interviewed at the police station, right through to the conclusion of your case, could make a decisive and fundamental difference to the outcome.

To contact our team of specialists and find out how we can help you, call us for free on 0800 804 8159 or complete our online enquiry form and we will get back to you as soon as we can. 

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About Dangerous Driving

Section 2 of the Road Traffic Act makes it a criminal offence to drive a mechanically propelled vehicle dangerously on a road or other public place.

In order for you to be found guilty of this offence, it must be proved that the manner of your driving fell far below the standard expected of a competent driver and it would be obvious to a competent and careful driver that the manner of driving would be dangerous.

Dangerous driving is not just restricted to the manner in which you drive. A person can 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. For example, if a person is aware that their vehicle has defective brakes but drives their vehicle anyway, and they are then involved in an accident, this could be regarded as dangerous driving.

Death by Dangerous Driving and Other Fatal Offences

In addition to death by dangerous driving, there are three other fatal offences:

  • Death by careless driving
  • Death by careless driving whilst driving under the influence of alcohol or drugs
  • Death by driving unlicensed, disqualified or uninsured

Causing death by driving offences are the most serious motoring offences. Your case will first be heard in the Magistrates’ Court. Depending on the seriousness of the allegation, your case may be transferred to the Crown Court, where you would be tried by judge and jury which have far greater sentencing powers.

In assessing seriousness, the court is likely to take into consideration some or all of the following:

  • Whether you were aware of the risks associated with the manner of your driving
  • The effect of any alcohol or drugs you consumed
  • The speed of your vehicle
  • Your behaviour e.g. aggressive driving or using a mobile telephone
  • Whether the victim was a vulnerable road user, such as a pedestrian or cyclist

Penalties

The potential penalties for each offence are as follows:

  • Death by careless driving - Up to five years in prison, and disqualified for a minimum of one year
  • Death by dangerous driving - One to 14 years in prison, and disqualified for a minimum of two years
  • Death by careless driving when under the influence of drink or drugs - One to 14 years in prison, an unlimited fine, or both; and disqualified for a minimum of two years
  • Death by driving: unlicensed, disqualified, uninsured drivers - Up to two years in prison, an unlimited fine, or both; and disqualified for a minimum of one year

What Happens if I Plead Guilty to a Fatal Motoring Offence?

If you plead guilty you are likely to receive the following penalty:

  • Death by dangerous driving - Up to a maximum of 14 years imprisonment, minimum two year disqualification from driving with a compulsory extended re-test
  • Death by careless driving - Penalty ranging from community order up to five years imprisonment, minimum 12 month disqualification from driving with a discretionary extended re-test
  • Death by careless driving whilst under the influence of alcohol or drugs - Up to 14 years imprisonment, minimum two year disqualification from driving with a compulsory extended re-test
  • Unlicensed, disqualified or uninsured driving - Penalty ranging from community order up to two years imprisonment, minimum 12 month disqualification from driving with a discretionary extended re-test

Our Fixed Fee Service

JMW offers a ‘fixed fee’ service designed to assist you in preparing detailed and effective mitigation aimed at persuading the court to exercise leniency when imposing a penalty. Further information regarding ‘fixed fees’ can be found on our fees page.

For most people, a court appearance is alien to them. Some people find standing before the court very difficult and quite daunting. This can sometimes impact on their ability to communicate all of the information and issues they wish to be taken into consideration by the court. Let us do the talking.

With our ‘fixed fee’ service we offer the following:

  • Telephone conference/personal meeting with your solicitor
  • Representation at the hearing by either a partner or an expert motoring law barrister
  • A full pre-hearing briefing with regards to court procedures and what to expect at court
  • A conference with your legal representative on the morning of the hearing
  • A full post-hearing debriefing (to discuss the penalty imposed, the implications and any further options that may be available to you)

Why Choose JMW?

Our involvement in a case often results in the court departing from their guidelines and can often lead to a penalty being imposed that is far less severe than the guidelines suggest.

Even if you intend to plead guilty, we can help present your case effectively to ensure any punishment is appropriate to your circumstances.

We may even be able to provide representation under the terms of your household/motor insurance policy.

Talk to Us

If you’ve been accused of dangerous driving, get in touch with our specialist solicitors today.  Call 0800 804 8159 or complete our online enquiry form.

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