Death by Careless Driving

Death by Careless Driving Offence and Sentencing Advice

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 you will be 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 any time to discuss your concerns and you will be supported every step of the way.

What do the prosecution need to prove to secure a conviction for death by careless driving?

The prosecution must prove that your driving fell below the standard of a

careful and competent driver

AND

that as a result of that driving you caused a death.

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.

Can I speak to a lawyer at anytime if I have concerns?

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.

What is the likely penalty?

The offence is one that can be dealt with either in the Magistrates court or the Crown Court.

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 lawyers who will be able to advise you further on your likely outcome.

Does it make the penalty worse if I have drank alcohol or taken drugs?

Yes, it will.

There is an offence of Causing death careless driving whilst under the influence of drink or drugs or having failed to supply specimen for analysis or permitting analysis of a blood sample.

The sentence increases depending on the level of drugs/alcohol and the factors involved in the incident.

It is a complicated assessment when considering what sentence is likely to be imposed.

If you want to know where you fall within these parameters then you should call one of our expert lawyers who will be able to advise you further on your likely outcome.

How much will it cost me?

Death by careless driving cases can vary in complexity from a Magistrates plea to a Crown Court trial. The evidence can be relatively simple whilst other cases have numerous witnesses and require expert evidence. 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 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.

Unsure what your options are?

If you are charged with the offence of causing death by careless 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.

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.

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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

Auriga Advocates Ltd is a limited company,
registered office Electra House, Electra Way, Crewe, CW1 6GL, telephone number 01270 509496
Registered No 08928546 and is a law firm authorised and regulated by Solicitors Regulatory Authority SRA No 614279.
VAT Reg No: 265 643093