Causing Serious Injury By Dangerous Driving

Causing Serious Injury by Dangerous 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 maximum 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 and no alternative offence of Causing Serious Injury by careless driving.

What amounts to the offence of causing serious injury by dangerous driving?

What amounts to the offence of causing serious injury by dangerous driving?

Dangerous driving is exactly the same test as the basic offence namely that the standard of driving falls far below that of a careful and competent driver and as a result of that driving serious injury was caused to someone.

Serious physical injury is as defined in the Offences against the Person Act 1861 namely grievous bodily harm which is defined as really serious harm eg broken limbs, internal injuries requiring extensive surgery, loss of consciousness

How can I prove I am not guilty

The two tests mentioned above must be satisfied for you to be convicted of the offence.

The prosecution will have witness evidence which will be disclosed to you and this may consist of expert evidence.  In order to to refute this evidence it will require close scrutiny and you would need to obtain your own witness evidence which may consist of expert evidence.

 You must be able to demonstrate that

 You were not the driver

OR

Your standard of driving did not fall far below that of a careful and competent driver

AND/OR

Your driving did not cause the serious injury

AND/OR

The injury was not so serious as to fall within the definition.

This is a serious offence which carries a hefty penalty we would advise that you speak to one of our specialist dangerous driving solicitors now.

Are the other offences which the CPS would consider instead

A court can come back with alternative offences of dangerous driving or driving without due care and attention.  There is no offence of causing serious injury by driving without due care and attention, but this is likely to be introduced in 2018.

If you instruct  Auriga as early as possible we can try to influence the nature of the charge where it is appropriate to do so.

 If you are already charged with the offence then you should speak to one of specialist dangerous driving solicitors before pleading as it may be possible to make representations to the prosecution regarding what pleas are acceptable to which offences.

 

How much will it cost me?

Due to the complexity of causing serious injury by dangerous driving cases and the high stakes we are unable to apply one of our standard  fixed fees. We will consider the evidence in your case and assess the requirements of representation and experts then will provide a fixed fee.  We tend to stage our fees in accordance with the court procedure ie magistrates court hearing, the plea and trial management hearing at the Crown Court and the Crown Court trial.

These higher fees can be paid by instalments as long as the final instalment is paid 7 days prior to the hearing which the fee covers.

We offer highly competitive rates, if you wish to know how much your case will cost call one of our specialist dangerous driving solicitors who will discuss your case and the fees free of charge.

https://roadtrafficdefencelawyers.co.uk/fees/

 

 

Can I apply for a reduction in disqualification after 2 years?

In some circumstances you can apply for the removal of a disqualification ie if the disqualification is for 4 years then after 2 years otherwise after half of the disqualification period if between 4 and 10 years or after 5 years for periods beyond 10 years.

However, it is not available where there is a disqualification linked with a re-test or extended re-test under S36 of the Road Traffic Offenders Act 1988 such as dangerous driving and related offences such as causing serious injury by dangerous driving.

Unsure about what you should do next?

Most motorists are unsure of their options when facing a careless driving conviction. They do not know whether they should plead guilty or not guilty or what the penalties may be. They are not aware that there may be defences available. Call one of our specialist solicitors to discuss your options.

One of our legal team will be more than happy to have a chat about your options and your concerns FREE OF CHARGE.

Between us we will reach the right decision.

We will not charge you a penny until you instruct us to act for you and we offer an instalment plan to managing your finance a little easier.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

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AURIGA ADVOCATES

were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

keep; you well informed with your current status and give you the confidence to appeal for a better outcome toward your case. I would recommend them to anyone needing help and reassurance to what sometimes can seem a time of hopelessness and despair

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