Death by dangerous driving
This is a very serious driving offence. It’s what is known as an indictable only offence.
This means it can only be dealt with in the Crown Court. The court can impose an unlimited fine subject to your financial means. Plus, it carries a minimum two-year driving ban. This can also be longer to reflect the seriousness of the offence. It also carries a prison sentence up to 14 years. Further, a compulsory extended driving test.
Should I speak to the police if I’m arrested for dangerous driving?
This is a very serious offence that requires legal representation at the police station. You need a legal representative who can advise you of your legal rights. Their advice will help you avoid making a mistake at the police station and potentially harming your defence.
Remember, advice at the police station is Free of Charge.
Death by careless driving
This is a less serious offence than death by dangerous driving. It is an either way offence. It can be dealt with in the Magistrates’ Court or the Crown Court. In reality, as the sentencing power of the Magistrates’ Court is only 6 months in prison, it is unlikely to be dealt with in that court. It carries a minimum ban of 12 months and an unlimited fine. This can be longer to reflect the seriousness of the offence. It also carries a prison sentence up to 5 years. Plus, a discretion to order a driving retest.
What’s the difference between death by dangerous driving and death by careless driving?
To be convicted of dangerous driving, the prosecution must prove your driving fell far below the standard expected of a competent driver. This would typically involve a situation where the driver posed a danger of physical injury or serious damage to others, or their property.
Examples of dangerous driving include:
- Driving a vehicle with a dangerous fault
- Driving too fast outside a school
- Driving under the influence of drink and drugs
- Overtaking dangerously
- Paying no attention to road signs and traffic lights
To be convicted of careless driving, the prosecution must prove you drove without due care and attention. This is a less serious offence and means your driving fell below the standard expected of a careful, competent driver.
Examples of careless driving include:
- Turning into the path of another vehicle
- Using a mobile phone
- Driving too close to another vehicle
- Doing something that distracts you from driving
Why should I choose Castle Solicitors?
24 hours a day you can contact us if you require legal advice.
We don’t like losing, so if matters do go to trial, you’re guaranteed a solicitor who has a successful track record.
Our goal is always to get the very best result for our clients, whether that be the police taking no further action, preventing someone from receiving a custodial sentence or clearing a client’s name with an acquittal after trial.
What should I do now?
Contact us by calling on 0121 226 3636, emailing firstname.lastname@example.org or even sending a message from this website on the contact page. We will call you back as soon as possible (usually within 2 hours) but in any event no later than 24 hours.
If you have been arrested to simply ask for Castle Solicitors at the police station and we will receive the call.