DEATH BY CARELESS DRIVING WITH EXCESS ALCOHOL/DRUGS

If a death has been caused in the incident you were involved in you will already feel distraught whether you believe you caused the fatality or not.

If you are facing an offence of causing the death by careless driving with excess alcohol/drugs you will terrified of the consequences for you and your family as well.

We can assist in relieving that anxiety and stress from the outset if you contact one of our specialist lawyers. They will discuss all your options with you and answer any questions you have about the facts, likely penalties, the procedure and your options.

Your allocated lawyer will be accessible at anytime to discuss your concerns and you will be supported every step of the way.


This is an indictatable only  offence carrying a penalty of a maximum of 14 years imprisonment and a minimum disqualification of 2 years with an extended re-test. It can only be dealt with at the Crown Court.

This is an either way offence which can be dealt with in the magistrates or the crown court and carries a penalty of a maximum of 2 years imprisonment and minimum disqualification of 12 months with an extended re-test.

What do the prosecution have to prove?

They have to prove

  • You were the driver
  • You drove below that standard of a careful and competent driver
  • You were over the prescribed limit of drink or drugs
  • You caused the fatality.

 

How would you prepare my case?

Facing a trial 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.

What happens at court?

A death by careless driving offence is one which can only be heard in the Crown Court.

Your first appearance would be at the Magistrates Court when they would send your case to the Crown Court.

You would attend a plea and directions hearing at the Crown Court where you would enter your plea.

If you plead Not Guilty your case would be adjourned for a trial if you plead guilty you would either be sentenced at that point or on a later date.

The procedure is complicated and there are difficult decisions for you to make. This is why you experienced dangerous driving specialists to help you through this process and ensure that you are making the decisions which are right for you.

Can I speak to a lawyer at any time?

At Auriga Advocates, our clients are valued. We understand the anxiety that a serious case like death by careless driving creates. How questions and concerns pop up at anytime, perhaps through conversations with friends and family. You can call our specialist lawyer allocated to your case at anytime and they will answer your question. If they are not available they will get back to you within 24 hours.

 


How much would it cost?

We will consider the complexity of your case and the likely progression period and agree a fee before commencing work so you will have peace of mind knowing exactly what your financial liabilities will be.

We stage our fees in line with the court procedure ie Magistrates plea/plea and trial management hearing/trial in Crown Court , Court information here, 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.

 


Will My Insurance Pay?

Highly unlikely unless you have a defence to the drink/drug driving element as most insurance policies carry a condition that if you drive with excess drink or drugs you policy will be revoked immediately.

Unsure what your options are?

If you are charged with the offence of causing death by careless driving with excess alcohol or drugs 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.

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, 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 such a serious offence is.