Why choose Save My Driving Licence ?
with your solicitor
Available 24 hours
Attendance at the
police station if required
across the uk
Face to face appointments or telephone conferences
What is the offence?
The legal definition of this offence is that ‘a person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place is guilty of an offence’.
The prosecution have to prove that a person is:
- Driving dangerously
- The driving caused the death of another person
The courts make a decision on whether someone is driving dangerously by asking whether the standard of the driving has fallen ‘far below’ the standard expected of a competent and careful driver and that it would be obvious to a competent and careful driver that the driving would be dangerous.
The prosecution do not need to show that the driving was the only cause or even the main cause of the accident. They only need to show that it is more than a minimal cause.
- Examples of dangerous driving:
- Excessive speed
- Vehicle in dangerous condition
- Driving on the wrong side of the road
- Ignoring road signs/markings
- Aggressive driving
What is the penalty?
This is a very serious offence and any sentence or trial can only be dealt with at the Crown Court. The court can impose anything up to a 14-year prison sentence as well as any financial penalty. The court also has to disqualify for a minimum of two years and order that there is an extended retest.
It is very important that you contact us to get legal advice, as the consequences of being found guilty of this offence can be severe.
Do I have a Defence?
There are defences to this offence. There will be a lot of evidence available from a thorough police investigation including expert evidence and reports.
It may be that you say your driving did not fall far below that of the reasonable and competent driver or that your driving did not cause the death of another person in any way. It will be necessary to obtain reports from experts to support your case and we will be able to assist you and provide the relevant legal advice.
You may have had a sudden and unexpected mechanical problem or got a medical condition that you were not aware of at the time and that you therefore had no conscious knowledge of your actions.
There are other defences that can be used as well as the ones outlined above. We can discuss any possible defence you may have. Please contact us.
What shall I do next?
If you have been involved in an incident where another person has lost their life or been seriously injured it is very important that you contact us as soon as possible.
These cases can go on for some time and if you are charged and have to attend court we can also represent you throughout this process.
The police will be in the process of conducting a very thorough investigation involving numerous experts. The police will want to speak to you to get your account of what happened. You are entitled to have a solicitor present free of charge. We can attend the interview with you and provide you with legal advice and the support that you need.
We're always here to help you
If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.Get a free quote