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 solicitors for free initial advice. 08000556631

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?

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 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 can be extremely daunting but our specialist team of lawyers can support you by

  • 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.

Andrea  Clegg,  our managing director and principal solicitor was a fatal road traffic specialist for the CPS for many years and can has extensive knowledge of the CPS/police procedure which many other specialist firms do not have.  Her knowledge and experience ensures that we are always one step ahead of the prosecution.

There are difficult decisions to be made during the progress of your case and you need to make sure that you have the best advice and support possible so that you make the right decisions for you. You will be upset, confused and scared but you do not need to deal with this on your own.

 

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 seek legal advice prior to 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 solicitors who will discuss your case and the fees free of charge.

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.

Not Sure what to do next?

If you are charged with the offence of causing serious injury by dangerous driving you will be devastated by the incident but also fearful for the impact any penalty imposed would have on your family and work.  You do not need to go through this alone we can support you every step of the way. Explaining the evidence in terms you can understand and helping you understand the procedure you will go through in court.

One of our legal team will be more than happy to discuss  your options and your concerns FREE OF CHARGE.  Between us we will reach the right option for you.  

We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.

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

By all means browse our website, check out our services and fees you will find we offer our services at highly  competitive rates. You do not have to pay extra for attention and support we give that naturally because we care about you and understand what a traumatic experience being charged with an offence is.

  • Thank you for the professional way in which the Auriga Advocates team managed and handled my case. Every question I had at every stage was not only answered but explained so that I understood.I was looking at a long ban and community service but thanks to you and the manner that you dealt with the case especially on the day of the Court hearing, you were able to reduce this to a short ban and small fine.Thank you for achieving the best possible result for me.

    I would recommend you without reservation. Not only were you professional but as a person who had never been in this type of predicament before for the help and understanding you provided to me as an individual.

    Many thanks      Mr G Southampton

  • It was very reassuring to have had your support and advice throughout such a difficult and stressful situation.

    The incident itself had caused me a lot of stress and therefore it took the anxiety away having your representation in court.

    I cannot thank you enough for all the help and support you offered, I would be sure to recommend you to my friends and family should they find themselves in a similar, unfortunate situation.”  

    Ms Gray Staffordshire

  • If you are looking for hype, false promises and sales talk, Auriga Advocates is not for you!

    What Auriga offers is a pragmatic approach at every stage of your case.  Andrea remains calm and realistic throughout the whole process.

    I was accused of dangerous driving and the thought of losing my licence and the detrimental effect it would have on my life put overwhelming stress on me.  Andrea was available to speak to me at all times and advise accordingly.  Her knowledge of the CPS processes is second to none which enables her to be one step ahead.  She leaves no stone unturned and meticulously builds up a strong case on your behalf.  Based on the strong information and evidence gathered Auriga were able to gather, my charge was reduced to driving without due care and attention.

    I would recommend Andrea and her team to anyone who is facing a potential driving conviction!

    Ms D Gloucs   Dangerous Driving (July 2017)

  • Andrea, you were ahead of the CPS every step of the way.  The advice you gave was correct and accurate at all times and your assessment of where and how the case should be dealt with was spot on.  Oliver and Archie were excellent in court both in terms of performance and steadying my nerves.”

    Mr R  Dangerous driving – Northants

  • Don’t waste your time looking around – call Auriga Advocates for good sound caring professional advice. My potentially difficult case was handled within 24hrs”  Mr C – Wales