Causing death by careless or inconsiderate driving
If death has been caused to person as a result of an incident you have been involved in it is important that you contact us straight away.
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What is the offence?
It is an offence if you drive on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place and as a result death was caused.
The driving does not have to be the only or main cause of death, but it does have to be a cause.
How can it be proved?
The prosecution have to show that the standard of your driving fell below what would be expected of a competent and careful driver. This is an objective test and means that certain factors cannot be used as a defence such as an error in judgment or inexperience. The court can consider the circumstances at the time and anything you would have known about.
Do I have a Defence?
There are a number of defences that exist. Some examples are:
- You were not driving carelessly. This is considered on a factual basis looking at all the circumstances of the case.
- You had a mechanical defect on your vehicle. This is a defence as long as it is a sudden defect that you could not have been expected or known about.
- You were not the person driving the vehicle at the time.
- There was an involuntary act such as losing consciousness. This defence can be used as long as you did not know beforehand that you were suffering from an illness that could seriously affect your control of the vehicle.
What is the penalty?
The courts have the power to impose up to a 5-year prison sentence. You would also receive a minimum of a 12-month disqualification and could also be ordered to do a retest. It may be that you have an argument to save your licence by saying you had special reasons.
We can discuss this with you. Putting forward this type of argument could avoid a disqualification or reduce the length of disqualification.
What should I do?
Contact us immediately to discuss your case. It is essential that you get legal advice right from the start. This type of case can be particularly distressing and we can offer legal advice from the beginning of your case to its conclusion.
The police will contact you and request you come in for a formal interview under caution. We can attend the interview with you.
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.
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