Causing Serious Injury by Careless Driving
Causing serious injury by dangerous driving carries severe penalties do not leave your case to chance or in the hands of non-experts call one of our specialist dangerous driving solicitors for free initial advice.
It is an offence to cause serious injury by dangerous driving under S1A of the Road Traffic Act 1988
It was introduced as a result of road safety campaign groups and victims and their representatives who have called for the gap in sentences between the current 2 year maximum for dangerous driving and the 14 year imprisonment maximum (now life imprisonment since 28th June 2022) for causing death by dangerous driving to be addressed. Parliament has responded by introducing this offence with the 5 year penalty. It also carries a mandatory two year minimum disqualification with an extended re-test.
The offence is an either way offence which can be heard in either the Magistrates Court or the Crown Court carrying a level 5 fine and/or 6 months custody in the magistrates court with a mandatory disqualification period of at least 2 years (unless special reasons are found not to disqualify) and endorsement. An extended retest is also mandatory
There are no sentencing guidelines for this offence but since the 28th June 2022 there is a new offence of causing serious injury by careless driving which carries up to 2 years imprisonment and a mandatory disqualification.
AND
That as a result serious injury was caused
Serious injury is the same definition as in the Offence Against the Person Act 1861
Grievous bodily harm which is defined as serious bodily harm. It will usually be a broken limb or serious wounds. Generally it will not include bruising and scrapes unless very extensive and in danger of leaving permanent scarring.
- Reviewing the strength of the prosecution’s case against you
- Finding the weaknesses in the prosecution case
- Collating evidence in your defence
- Attacking the prosecution case relentlessly on your behalf
- Taking the pressure and anxiety off you
- Being there to answer all your questions
- Provide specialist representation in court
You will need to ensure that you get the best defence prepared well before your trial and in order to do this you will need to secure expert representation as early in the proceedings as possible.
If dealt with in the Magistrates the maximum penalty being a level 5 fine which is unlimited, 6 months imprisonment and a disqualification with an extended re-test.
If dealt with at the Crown the penalties are considerably higher there is no limit on a fine that can be imposed, a maximum period of imprisonment of 5 years and a disqualification with an extended re-test.
Where you fall within these parameters will depend on the factors involved in your case such as whether more than one person was killed or others suffered serious injury or even if you yourself suffered serious injury.
If you want to know where you fall within these parameters then you should call one of our expert careless driving solicitors who will be able to advise you further on your likely outcome.
It will be seen as an aggravating factor and depending on whether it was a primary cause of the accident or not will increase the penalty significantly.
It is also likely that you will be charged with an offence of driving above the prescribed limit for drink or drugs.
It is a complicated assessment when considering what sentence is likely to be imposed.
Call one of our specialist careless driving lawyers who will be able to advise you on the likely sentence and represent you to get the best possible outcome.
We stage our fees in line with the court procedure ie Magistrates plea/plea and trial management hearing/trial in Crown Court This way if we persuade the Crown Prosecution Service to drop the case or accept a lesser plea you will only have paid for the service up to that point.
If you are acquitted you may get some or all of your costs paid by applying for what is known as a defendant costs order.
We offer very competitive fees without reducing the quality in our service if you want an idea as to how much your case will cost.
Call one of our expert solicitors to discuss your case and the costs.