Causing Death By Careless Driving
The offence is split into varying degrees where the most serious is careless or inconsiderate driving falling not far short of dangerous driving and carrying a potential custodial sentence of between 36 weeks and 3 years. The second level is where there is careless or inconsiderate driving and the custodial sentence is between 36 weeks and 2 years.
Finally, there is careless or inconsiderate driving arising from a momentary inattention with no aggravating factors and can involve a high or low rate community sentence depending on the surrounding circumstances.
There is sometimes confusion regarding the difference between ‘careless’ and ‘dangerous’ driving, the latter considered a more serious crime and usually carrying stiffer sentencing. The CPS (Crown Prosecution Service) says:
“The clear difference between this offence and an offence of causing death by dangerous driving is the standard of driving. For causing death by dangerous driving, the standard of driving must fall far below what would be expected of a competent and careful driver; whereas for this offence the standard of driving must merely fall below what would be expected of a competent and careful driver.”
There are sometimes cases that fall in between these guidelines with prosecutors and defence arguing for greater or lesser charges.
Clearly, any incident which results in death is tragic and rightly taken extremely seriously by the courts, but as a defendant, you still have the right to a fair hearing and a just outcome. Causing death by careless driving, like so many areas of UK motoring law, has so many variables and guidelines open to interpretation that it is vital you have experienced and specialist legal representation.
NGP have extensive experience in these cases and defending clients on other serious charges, so we know how to secure the best possible outcome for your given circumstances. We have an excellent record of acquittals and reduced sentences in serious cases and we are extremely well-versed in court procedures and protocols.
Contact us as early as possible to discuss your case, in strict confidence and with no obligation.