If you require legal advice or representation in any legal matter, please contact Armstrong Legal. Their main goal is to get the Jury to agree that your driving could be classed as being very dangerous to somebody who is considered to be reasonably competent at driving. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Have you been accused of causing death by dangerous driving? Having helped many other clients who have had the same circumstances to handle, we know how to get you the best possible results. Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. Burglary, Theft and Criminal Damage Solicitors. A mandatory disqualification from driving any motor vehicle for a minimum of two years. We also use third-party cookies that help us analyze and understand how you use this website. A ban of this nature can be for a minimum of two years. the dangerous driving caused the death of another person. It can also be called 'careless driving' if the offence is less serious. Its when someones driving causes the death of another person. 2022, Even when the unexpected happens. 66 Goulburn Street Enjoy discounts on restaurants, days out, car care and more. Getting your case dismissed before it reaches the court stage is vital to you continuing to live your life as it is. A popular police tactic is not to disclose all the evidence that they have against you until its beneficial for them to do so. reading, looking at a map, tuning a radio or talking to passengers, Missing a green light at traffic lights and holding up the traffic behind them, Taking a long time to park, but doing so safely, and being aware of others around them, Taking a long time to pick the right time to turn left or right at a junction, Obligatory disqualification (min. , the vehicle was a mechanically propelled vehicle, you caused the death by driving dangerously ; and. Its not surprising that when a person is involved in this type of case, they can find it to be very stressful. It's when driving falls below, rather than far below, what would be expected of a competent and careful driver. The maximum sentence that you could receive is 14 years imprisonment. Having to deal with the police in addition to oppressive investigators employed by insurance companies trying to protect their financial position can be very tough, especially at a time when youre likely to be worried about your future and pending proceedings. The level of blame arises from driving when not being allowed to do so. Allowing the convicted person to stay out of jail. .b7633d40-1500-4c43-822b-050ef963e720{fill:none;stroke:#000;stroke-miterlimit:10;stroke-width:4px;} Criminal Defence, .b7633d40-1500-4c43-822b-050ef963e720{fill:none;stroke:#000;stroke-miterlimit:10;stroke-width:4px;} Conspiracy To Murder, .b7633d40-1500-4c43-822b-050ef963e720{fill:none;stroke:#000;stroke-miterlimit:10;stroke-width:4px;} Grievous Bodily Harm, Managing Director & Serious Crime Solicitor, 247 High Road, Wood Green, London, N22 8HF. You will be deemed to have caused the death of another due to your dangerous driving according to the following principles. Anyone could be caught up in this charge and any jury may be convinced by a prosecutor that a level of dangerousness existed. you should seek expert legal representation as soon as you are able. There must be clear evidence the driving or the poor standard of driving caused the fatality. This field is for validation purposes and should be left unchanged. The prosecution is going to be trying to prove the offence to the court so that you found guilty and convicted. Typical sentences for this offence are anywhere between a suspended sentence and fourteen years in jail. You may be convicted of the offence if the dangerous driving brought about a fatal incident as a consequence, such as parking your car in a dangerous location. 3 to 11 (if exceptionally not disqualified), Causing death by careless driving under the influence of drink or drugs, Using a hand-held mobile phone when driving, Knowing the vehicle's faulty or unsafe to drive, Distracted driving, e.g. The offence of Dangerous Driving Causing Death is contained in section 319 of theCrimes Act1958 which states: A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence.. If you are found guilty of careless or inconsiderate driving, the penalty for the offence is: The level of blame is heightened when death is caused by driving carelessly under the influence of drink or drugs, including prescription drugs. 2 years) 3 to 11 (if exceptionally not disqualified) Causing death by careless driving under the influence of drink or drugs. Early action is pivotal to the success of every case. dangerous driving or a charge of death by careless. If the driving was particularly dangerous, or if it hurt or killed somebody, the driver could go to court and face prison. dangerous driving whilst under the influence, Other offences committed at the same time, i.e. a motor vehicle; at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case; and, the dangerous driving caused the death of another person. We recognise that even though you may be accused of being at fault, these things are rarely straightforward and dedicated assistance from people that understand is vital. Canberra ACT 2601, Suite 20722 St Georges Terrace In some instances, our clients have been falsely accused of death by dangerous driving. We will scrutinise the prosecutions evidence, identify unlawfully obtained evidence, challenge the admissibility of evidence and contest the testimony of witnesses who may be lying. These mitigation points can be anything from your contributions to society whilst serving in the military, your role as a doctor or teacher; and even for example the help you provide to the local youth club or the local church on a weekend. Dangerous driving means falling well below the standards expected of a competent driver, and can include driving too fast or aggressively, ignoring traffic signals, driving when unfit and being distracted, such as by a mobile phone. It can include driving in a way that's inconsiderate to other people if it inconveniences them. To help explain whats the legal framework is of death by dangerous driving legalities, weve put these commonly asked questions together with their answers. Where death of another person inside or outside the vehicle is caused by. Youll be expected to make decisions but your emotions will have a big impact on what you decide to do. The criminal offence of death by dangerous driving is made of four main offences, but all are derived from a non-fatal equivalent, such as the offence of simple dangerous driving. The act of dangerous driving can be classified in a number of ways, including: If you are convicted of the offence of dangerous driving, the penalty will be: Careless or inconsiderate driving is defined as driving at a standard that is below that of a prudent driver and where that failure caused the death of another. These are all other examples of dangerous driving: The following causes of dangerous driving are specific offences in their own right: Incidents which can be irritating but aren't necessarily dangerous include another driver: Careless driving is similar to dangerous driving but it's less serious. A fatal road traffic accident is the most serious type of motoring offence. Fast overtakes and lane-hopping or weaving which causes other drivers to have to evade your vehicle. If there is sufficient supporting evidence, criminal charges will be brought by the police or the CPS. If you witness someone driving dangerously, the best thing to do is report it to the police. We recognise that even though you may be accused of being at fault, these things are rarely straightforward and dedicated assistance from people that understand is vital. The Act also says that dangerous means danger either of injury to any person or of serious damage to property. Then its vital to move onto to collecting witness statements, gathering expert reports and carrying out reconstructions of the accident and the scene. Perth WA 6000, Head Office: Level 8, 66 Goulburn Street, Sydney NSW 2000 | Ph: (02) 9261 4555. The numbers of people being accused of death by dangerous driving are sharply increasing. The Road Traffic Act 1988 defines causing death by dangerous driving as: A person who causes death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.. Every death by dangerous driving case is unique. Whether the offender was a close friend or relative of the victim. 17-21 University Avenue Securing a competent and experienced solicitor to support you throughout the investigation is vital. If youd like to have a no obligation chat with us before you instruct us to take your case, then call us today on 0208 888 5225. If Special Reasons are found then 3 to 11 penalty points must be endorsed. Section 2B of the Road Traffic Act 1988 defines it as A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.. As one of the largest criminal solicitors firm in the UK, we know how important it is for you to receive the highest standards of legal services and we will make sure that you get them. Unlimited fine. The sentencing will be based on what is presented. Individuals are often charged with other offences as an alternative to this charge, including culpable driving; dangerous driving cause serious injury and careless driving. This category only includes cookies that ensures basic functionalities and security features of the website. At the lower end of the scale, it could be a fine and points on your licence. This can include causing the death of a passenger in your own vehicle. Our criminal solicitors have experience in defending death by dangerous driving allegations and will be able to deliver the support and advise you need. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. If you feel this is your situation, then you will need to engage a strong defence team to back you up and give you support. Information on a website is no substitute for expert professional advice. It is not necessary for the prosecution to prove the level of impairment attributable to the drugs or alcohol, due to the low limits that are permissible for such substances. But opting out of some of these cookies may have an effect on your browsing experience. Rather manner of driving covers all acts and omissions of a driver. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal Level 8 Dangerous driving means falling well below the standards expected of a competent driver, and can include driving too fast or aggressively, ignoring traffic signals, driving when unfit and being distracted, such as by a mobile phone. 20th June 2019 |. Evidence submitted to the court, such as police expert witness statements. Home > Knowledge Centre > Death by dangerous driving in the UK: what offence could you be charged with? Causation. Your life history and present circumstances will all be explored to extract matters of importance which can be used in your favour. If you are convicted of death by dangerous driving, your conviction will be noted on your CRB / police record. This would obviously have a devastating impact on anybody who is found guilty and convicted of this offence. They will also consider any expert witness reports presented by your legal representation and whether you were intoxicated or under the influence of drugs at the time. Other offences committed at the same time, i.e. Itll help to keep yourself and other road users safe. The maximum sentence for causing death by dangerous driving is 14 years in prison as well as an unlimited fine and a driving ban of at least 2 years. It is distinct from careless or inconsiderate driving. Unlimited fine. If you're thinking about changing your car, giving your home a new lease of life, or just want to consolidate your borrowing a loan with us could help. As noted above, the prosecution will be trying to establish that the standard of your driving was below that of what would be expected of a competent driver. One way to improve your situation is to engage a legal professional as early as possible. Find out how to report dangerous driving. Read more about possible sentences for Death by Dangerous Driving offences. Causing death by dangerous driving - Defences, Speeding defences - What to do upon receipt of a late Notice of Intended Prosecution (NIP). Situations where you can be summsoned to court include: These incidents might have been seen by a police officer, witnessed by a passer-by or other road user, or involved a collision. The main arguments that can be presented to the court against a guilty conviction for death by dangerous driving are: Causation - where there is insufficient evidence to establish that your (dangerous) driving was a cause of death. Brisbane QLD 4000, Suite 2, Level 6 2 years), Obligatory disqualification if offence committed within 3 years of a previous conviction for a similar offence (minimum 6 months), 1,000 fine (2,500 for PCV or goods vehicle). Guaranteed courtesy car with our comprehensive policies when you buy direct. defines causing death by dangerous driving as: Racing, going too fast or driving aggressively, Driving when unfit such as with an injury, Being avoidably and dangerously distracted, such as using a mobile phone whilst driving, Flashing your lights to force other drivers to give way, Misusing lanes to gain an advantage over other drivers, Unnecessarily staying in an overtaking lane, A mandatory disqualification for a minimum of one year, Up to 14 years in prison, an unlimited fine, or both, A mandatory disqualification for a minimum of two years, Up to two years in prison, an unlimited fine, or both, Responsibility of the offender, i.e. Navigating a trial of this nature without the help and support of an experienced solicitor who knows this legal field inside out and who has many death by driving trials under his or her belt, will make all the difference. 575 Bourke Street It does not include, amongst other things, trains, trams and motorised wheelchairs used solely for the conveyance of an injured or disabled person. You can even WhatsApp us using the link on this page, if that is what you prefer. 22nd May 2018 |, 4th October 2017 |, 8th August 2017 |. You will be deemed to have caused the death of another due to your dangerous driving according to the following principles. The police may withhold evidence and then try to put you into a position where you may inadvertently incriminate yourself by responding to one of the questions in the wrong way. Engaging an expert criminal solicitor will help as they can then guide you through which decisions you need to take, and will give you an explanation of what the outcome of these decisions is likely to be. It is mandatory to procure user consent prior to running these cookies on your website. You may be convicted of the offence if the dangerous driving brought about a fatal . If you are convicted of the offence, dependant on the charge, you are liable to imprisonment for a term not exceeding 14 years, disqualification from driving for a minimum of one year and in some cases, an unlimited fine in addition to a custodial sentence and driving ban. The information and commentary does not, and is not intended to, amount to legal advice and the writers / participants do not intend that it should be relied upon. Pulling in causing the vehicle behind to brake or swerve. You can report it afterwards or ring 999 if the dangerous drivings in progress and you think someone could get hurt. Actions that may be considered to be dangerous driving include the following: Being distracted by a communication device or a car radio, Overtaking at high speeds or in a dangerous and illegal position, Driving aggressively or in too close proximity to other vehicles, Driving a vehicle that is not road worthy, Driving under the influence of alcohol or drugs. Find out more. Heres how to identify dangerous driving in others and avoid driving dangerously yourself. Its important that your side of the story is conveyed to the police early on and that the defence process gets underway early. This website uses cookies to ensure you get the best experience on our website. Always seeking to apply as many legal minds to a case as possible, we will instruct some of the most talented and brilliant criminal barristers to present your case to the Court, to persuade the jury and keep the prosecutor in check. Pulling out in front of another moving vehicle and causing it to brake. Our team of specialist driving offence solicitors at Lawtons have the specialist knowledge and experience to help and guide you through this harrowing process. You will need legal help from the initial police interview through to your court appearance. The period of the endorsement will depend on the type and the length of the sentence. Successful appeal against Driving Disqualification at Luton Crown Court, Case turned around at Aylesbury Crown Court, The Right ResultClient acquitted after re-trial, Speak to someone who can help within 30 minutes*. Using a solicitor who has in-depth knowledge of crafting a strong defence and using expert witnesses can turn the outcome around to be favourable to the accused. The first step for your legal representative will be to gather information from you about what happened. It is distinct from careless or inconsiderate driving. Nobody wants to be the victim of another drivers bad driving. These cookies will be stored in your browser only with your consent. We will take the time to explain everything in detail, so you are clear about where you stand and what the possible outcomes are. If you are imprisoned for more than 4 years, the endorsement will be for life; otherwise, it will be endorsed on a tapering down basis. The Judge will consider what your role was in the fatal road accident. Another penalty that the court has the power to impose is a disqualification from driving. (WA), Impounding and Confiscation of Vehicles (WA), Is Licence Disqualification Mandatory? Andrew Thompson is a barrister regulated by the Bar Standards Board. Through our vehicle checks and approved dealer network, AA Cars helps you buy with confidence. Operating Vessel Unregistered, Unlicenced or Disqualified, Appealing Police Licence Suspensions (NSW), Appealing Transport NSW Licence Suspensions, Applying to Shorten or Remove Licence Disqualification, 10 Practical tips for representing yourself, Combined Offence of Drink AND Drug Driving (NSW), Dangerous Driving Causing Grievous Bodily Harm, Dangerous Driving Offences in New South Wales, Failing to Nominate the Driver of a Vehicle, Failing to Stop and Assist After Impact Causing Injury, Failing To Stop And Give Particulars After An Accident, Refusing or Failing to Provide a Breath Analysis Sample (NSW), Refusing or Failing to Provide a Breath Test Sample (NSW), Suspended/Unlicensed/Disqualified Driving (NSW), Quashing a Habitual Traffic Offender Declaration, Heavy Vehicle Driving Under The Influence, Speeding Trucks Heavy Vehicle Speed Limiters, The Heavy Vehicle National Law and Regulator, 10 Practical Tips For Representing Yourself In Court, Removing A Disqualification Of Your Driver Licence, Applying to Remove a License Disqualification (QLD), Cumulative Licence Disqualifications (Qld), Honest and Reasonable Mistake and Driving Whilst Suspended/Disqualified (Vic), Driving in a Manner Which is Dangerous to the Public, Hoon Driving Offences and Vehicle Impoundment, Dealing With a Speeding Fine and Points (VIC), Mandatory Sentencing For Driving Offences (Vic), Drink Driving Offences in Western Australia, Serious Traffic Offences in Western Australia, Should I Nominate Another Person As The Driver? There is no need to prove a course of conduct. Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases including sexual offences, violence and assault. We will guide you through the process and work tirelessly to achieve the best possible outcome for you, so get in touch with us straight away. The police will be trying to establish how bad your driving was or what you failed to do. Disqualification for a minimum period of two years and endorsement are obligatory. An order for disqualification until you pass an extended driving test is also mandatory. This can sometimes be a complex issue if there was a sequence of events or intervening acts leading to the fatality. There may be other factors involved such as drink or drug driving; or the charge of using a mobile phone while in charge of operating a motor . When there is a case of death by dangerous driving hanging over your head, it can understandably feel very stressful. We do understand the impact of the offence you are facing and the pressure that you will be under. justifiable action; factual dispute; causation; and, voluntariness. The media has recently placed a lot of negative attention on sentences where someone has died and the judge has deemed it suitable to order the convicted person to serve time working in the community by way of unpaid word, or has passed a suspended sentence. As such, you can be convicted for dangerous driving on the grounds of your driving and/or the state of the vehicle when you are driving it. It will also give you peace of mind that you have the best possible person supporting you to get the best possible outcome. The lawyer will tell you what to say and what not to say and will help you to potentially access more evidence than may otherwise have been made available to you. For example, if you were to lapse into a coma; Mechanical defect - a latent defect manifesting itself in the vehicle. Log in to see your policy documents, keep tabs on renewal dates and check your cover level. Cars helps you buy with confidence legal representation as soon as you are likely to able Would obviously have a big impact on anybody who is found guilty of death driving. One person ; and reaches the court stage is vital to you within 30 mins between 9am -. Depending on how serious the offence was truck or bus would be expected of a in? < /a > Guaranteed courtesy car with our comprehensive policies when you direct! Police expert witness statements, gathering expert reports and carrying out reconstructions the! To your court appearance of jail wants to be trying to establish bad. Should seek expert legal representation as soon as you are facing and the.! Manage your account online the simple way to drive a brand-new car what to. 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