Causing death by dangerous driving
Causing death by dangerous driving, is an indictable only offence, which means that can be dealt with by the Crown Court if convicted of causing death by dangerous driving.You may be liable to imprisonment for a term not exceeding 14 years and face disqualification for driving for a minimum of two years, which is obligatory on conviction .
Given the seriousness of the offence, the court will refer to aggravating and mitigating factors as set out in the Sentencing Guidelines. They will look at the levels of seriousness which relate predominantly to the standard of driving, for example:
Level 1 – If there was particularly bad driving including a deliberate decision to ignore and have disregard for the rules and regulations of the road, and an apparent disregard for the great danger been caused to others other road users.
These offences are likely to be characterised by a prolonged, persistent, and deliberate course of very bad, driving, and all consumption of substantial amounts of alcohol and drugs, leading to gross impairment and or a group of determinants of seriousness which in isolation or smaller number.
This can also include multiple deaths or injuries or having a very bad driving record all the above is likely to place your case in the top end of the sentencing range.
Level 2 – This is when the driving has created a substantial risk of danger, characterised by greatly excessive speed, racing or competitive driving against another driver, or gross avoidable distractions, such as reading or composing text messages over period time all driving whilst ability to drive is impaired as a result of consumption of alcohol or drugs, failing to take prescribed medication as a result of unknown medical condition or a group of determinants of seriousness, which, in isolation or small number , place defence in level three
Level 3 – This is driving that created a significant risk of danger and is likely to be characterised by driving above the speed limit/at a speed with that is inappropriate for the prevailing conditions or driving when knowingly deprived of adequate sleep, or rest of knowing that the vehicle has a dangerous defect, or is poorly maintained, or is dangerously loaded or a brief, but obvious danger rising for me, seriously, dangerous manoeuvre, or driving whilst avoidably, distracted, or failing to have proper regard to road users.
What will the court take into account when considering your mitigation?
- Driving record -Any evidence that you have been an exemplary driver may assist
- Giving assistance at scene -It may be that you are in shock or have no idea what steps to take. However, if you did give direct positive assistance to any victims at the scene of the collision, this should be regarded as personal mitigation
- Remorse – This is identified as personal mitigation in the sentencing guidelines it is up to the court to decide whether any expression of remorse is genuine and whether it should in fact be taken into account.
The starting point for death by dangerous driving is 3 years custody to 14 years custody. Depending on the level that the court consider the case to be and whether there are any aggravating or mitigating features.
The court will apply any reduction for guilty plea and consider any additional orders. The court is likely to review the total sentence to ensure that is proportionate to the offending behaviour and properly balanced.
We have a wealth of experience is acting for Clients accused of these serious offences. We have acted for Clients whose cases have attracted media attention and have been subject to documentaries.
Appeals
If you were convicted at the Crown Court, your appeal is made to the Court of Appeal. An appeal to the Court of Appeal can only be pursued if you can establish that there was an error of law at the original Crown Court trial. An appeal to the Court of Appeal must generally be made within 28 days of conviction or sentence, whichever is being appealed. In some circumstances, this time limit can be extended. Where a Crown Court judge has made a sentencing error, this can be corrected by the Crown Court itself, within 56 days.
If you have been convicted and wish to have a second opinion as to whether there is any merit of appealing against conviction and or sentence we are able to advise you on a private fee basis.
Paying privately for your defence
Many Clients chose to instruct us privately as there are significant benefits to them. You will have access to resources and senior lawyers who will be at your disposal with advice,guidance and strategies providing you with options. You will be able to have access to your lawyer at short notice and deal with matters which are not covered by Legal Aid. You will be familiar with your lawyer and their team and receive a premier level of service with fast track. Appointments and visits can be arranged out of hours and communication is streamlined.
At this stage you may just be under investigation for a serious offence and paying privately at this early stage can mean that you have access to a barrister from the outset and we can liaise and if appropriate make representations on your behalf to the police with the aim of avoiding a prosecution.