Causing Death By Dangerous Driving
Causing death by dangerous driving carries a range of life-changing penalties including a prison sentence of up to 14 years.
This is a serious offence for the purpose of s224 Criminal Justice Act 2003. The maximum sentence is 14 years imprisonment, a minimum of 2 years disqualification and a compulsory extended re-test. The nature of the offence is split into 3 levels.
Level 1 is the most serious and involves driving with a deliberate decision to ignore the rules of the road and an apparent disregard for the great danger being caused to others: the starting point is 8 years going through to a maximum of 14 years.
Level 2 is where the driving has caused a substantial risk of danger and ranges from a 5 to 7 year custodial sentence.
Level 3 is where the driving created a significant risk of danger and carries a custodial sentence of 2 to 5 years custodial sentence.
Clearly, any incident which results in someone’s death is a tragic and extremely serious matter, but as a defendant, you still have the right to a fair hearing and a just outcome. And causing death by dangerous driving, which is an indictable crime, meaning it is deemed serious enough to go straight to Crown Court, is an area of UK motoring law where the complex range of definitions and interpretations employed by the police and prosecutors should rightly be examined in detail by an experienced, specialist UK driving lawyer.
NGP's senior legal practitioners have over 25 years of experience in such cases.
There are many, many details to look at, for example, the very definition of the offence, was the driving ‘dangerous’ or ‘careless’? The key difference between the two is that the driving, must "fall below what would be expected of a competent and careful driver’ in order to be classed as dangerous".
And the circumstances surrounding the alleged crime are open to a great many opinions and interpretations, all of which a jury must weigh-up in their deliberations. The Crown Prosecution Service (CPS) states: “... that establishing when dangerous driving is actually the cause of death may not be a particularly easy concept.”
With the prosecution unsurprisingly attempting to steer the jury through a maze of grey areas and legal concepts towards a guilty plea, it is vital you have at your side someone with the skill and knowledge to put the counter-arguments and ensure a fair, balanced trial.
Road Traffic offence specialists and criminal defence lawyers NGP have vast experience in the Crown Court and can help you through the long and complicated legal process, ensuring at every step your case receives the detailed attention it is your right to expect. Contact us now.