Causing Death by Dangerous Driving Solicitors

Speak to our causing death by dangerous driving solicitors in London, Manchester and Birmingham today

For a free initial consultation on your legal position and the available options, please call 020 7624 7771.

For urgent advice at any time of day or night, please call our emergency number 07836 577556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form, and we will get back to you quickly.

Our causing death by dangerous driving solicitors can represent you at Willesden Court if you are due to make an appearance there. This means that our costs will likely be lower, as we are a local firm to the court.

Our causing death by dangerous driving expertise

Defending allegations of causing death by dangerous driving

Dangerous or reckless driving is where someone’s standard of driving is deemed to have fallen far below what is expected of a competent and careful driver. Dangerous driving may involve actions such as speeding, ignoring road signs, overtaking dangerously or driving a vehicle with a dangerous fault.

If someone’s dangerous driving has resulted in the death of someone else, such as a fellow road user, a pedestrian or a passenger, this could result in a charge of causing death by dangerous driving.

For a conviction to be successful, the prosecution must be able to prove that both:

• The standard of your driving was ‘dangerous’
• Your actions directly caused the death of another road user

Every case is unique, which means that various factors will need to be taken into consideration when it comes to building an effective defence case.

Our motoring law solicitors can work alongside you to review your situation and take the most appropriate course of action. Depending on your circumstances, this may involve demonstrating the following:

• The fault lies with the actions of another road user
• Your driving cannot be described as ‘dangerous’
• Your driving did not cause the accident leading to the death
• Unreliable witness accounts
• Vehicle defects that you could not have been reasonably aware of

It should go without saying that the support of a specialist dangerous driving solicitor is absolutely essential who has handled numerous dangerous driving cases if you are to avoid prosecution and receive a reduced penalty.

Penalties for causing death by dangerous driving

A death by dangerous driving sentence must be heard in the Crown Court.

If you are convicted of causing death by dangerous driving, there is a mandatory disqualification period of at least two years, alongside the requirement to take a mandatory retest.

When imposing the appropriate sentence, the court will have regard to specific sentencing guidelines. For example, at the lower end of the guidelines, where there has been driving that has created a significant risk of danger, a death by dangerous driving minimum sentence would be between two-five years custody.

At the other end of the scale, the guidelines for the most serious offences involve instances where a deliberate decision was made to ignore or disregard the rules of the road and ignore any danger that could have been caused to others. Where the court decides that this is the case, a death by dangerous driving maximum sentence could be a range of 7-14 years imprisonment.

When reviewing a case, the court will also take into account any aggravating or mitigating factors and adjust the sentence accordingly.

Any period of disqualification will appear on the offender’s driving record.

Why choose our causing death by dangerous driving solicitors?

If you have visited the police station, or the court, for causing death by dangerous driving, it is absolutely essential that you pursue legal advice and representation from a specialist motoring offence solicitor as soon as possible.

If you are facing a causing death by dangerous driving sentence, you will be given the option of using a duty solicitor to represent and defend you. You should be aware that using a duty solicitor may not be the best option, as they can lack the specific expertise required to provide effective representation and legal defence.

By way of contrast, our causing death by dangerous driving solicitors have substantial expertise in this specific area of motoring law and can put this knowledge to use, providing tailored support and timely advice.

We will guide you through the entire process with clear, straightforward advice without using any complicated legal jargon. This will allow you to fully understand your situation, your legal rights, the potential outcome of your case and the options available to you.

Our dedicated driving offence lawyers can act in your defence at any time, including on weekends and bank holidays.

If your case is due to be heard at Willesden Court, we can represent you, with our costs likely being lower as we are a local firm to the court.

Funding your causing death by dangerous driving defence

Funding police station representation

You are entitled to free legal representation if you have been arrested or are being interviewed under caution. This can be from a solicitor of your choosing.

Funding your legal defence if you are prosecuted

If you are charged and prosecuted for causing death by dangerous driving, you may be able to have some or all of your legal defence covered by a ‘Representation Order’. This is commonly referred to as ‘legal aid’.

The level of financial assistance you could receive, and the process(es) used will depend on the type of court the prosecution takes place in.

Private fees 

If you wish, you also have the option of self-funding your legal representation. If this is the approach you would like to take, we can clearly explain all of the potential costs and our fee structures. Whether or not you receive legal aid funding, any contribution you make to your legal defence may be refunded if you are found not guilty.

However, it is possible you may not necessarily recover the full amount of the fees you have paid. This is because if an award for costs is made the “appropriate authority” will assess the amount and decide if the costs claimed relate to work that appears to have been actually and reasonably done. The amount payable is calculated in accordance with rates laid down by the government.

Frequently asked questions about causing death by dangerous driving

What is dangerous driving?

According to the law, dangerous driving is where someone’s driving falls far below what is expected of a careful and competent driver. At the same time, dangerous driving is also likely to put other road users at harm.

What are some examples of dangerous driving?

Examples of dangerous driving may include racing or competitive driving; speed which is highly inappropriate for the prevailing road or traffic conditions; aggressive driving such as sudden lane changes or driving too close to the vehicle in front; deliberate disregard for traffic lights or other road signs.

Other examples include driving a vehicle that has a load that presents a danger to other road users and using a mobile phone or other hand held electronic equipment which has caused the driver to be avoidably and dangerously distracted has been held to be dangerous driving. The above dangerous driving examples are not exhaustive, however.

The offence of dangerous driving may also be committed if the state of the vehicle is such that driving it would be dangerous in the eyes of a competent and careful driver e.g. taking a vehicle on a road where the driver is aware that the braking system is defective.

What is the difference between causing death by dangerous and careless driving?

Causing death by dangerous driving and causing death by careless driving are two separate offences. Careless driving is where driving standards simply fall below what is normally expected of a careful and competent driver, usually due to a lack of care and attention.

While causing death by careless driving is still a serious offence, it often carries less severe penalties as opposed to causing death by dangerous driving. The maximum penalty for causing death by careless driving is six months imprisonment and /or an unlimited fine if dealt with at the magistrates’ court. If dealt with at the Crown Court the maximum penalty is five years imprisonment and/or an unlimited fine.

There is also a minimum disqualification period of 12 months. If “special reasons” are found for not imposing a disqualification, then the court must impose 3 – 11 penalty points. If points are imposed there is still the risk of being disqualified under the “totting” procedures if the points awarded means a person has accumulated twelve points within three years.

What is the minimum penalty for causing death by dangerous driving?

If you are convicted of causing death by dangerous driving, there is a mandatory disqualification period of at least two years, alongside the requirement to take a mandatory retest.

At the lower end of the guidelines, where there has been driving that has created a significant risk of danger, a death by dangerous driving minimum sentence would be between two-five years custody.

What is the maximum penalty for causing death by dangerous driving?

Being convicted of causing death by dangerous driving will always carry an automatic two-year driving disqualification. Alongside this, you could face an unlimited fine and a prison sentence of between 7-14 years.

Contact our causing death by dangerous driving solicitors today

For urgent specialist advice, immediate representation, or to speak to our solicitors in London, Manchester and Birmingham confidentially about causing death by dangerous driving, please call 020 7624 7771 or email solicitors@jdspicer.co.uk.

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

For immediate representation and advice, call our emergency number 07836 577556, and we will provide you with the urgent assistance you need.