Death By Careless Driving Solicitors
Death by careless driving can be broken into 3 main offences. We've listed each offence below along with their maximum sentence and relevant section of law. If you're facing such a charge you should seek legal advice as soon as possible.
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Causing Death by Careless or Inconsiderate Driving
This is a relatively new offence only brought into force in August of 2008. The section this offence is charged under and the recommended maximum sentence for causing death by careless or inconsiderate driving, on conviction, is as follows: -
Section 2b Road Traffic Act 1988
5 years imprisonment, disqualification and 11 penalty points
Whereas previously there were, and still are, offences of causing the death of another person by driving carelessly if it could be shown that the person was over the legal limit at the time of driving or had failed to provide a breath specimen without reasonable excuse.
We now have the offence of Causing Death by Careless Driving without any additional element being required. The prosecution must prove that the defendants careless driving was the cause of death.
The offence carries up to 5 years imprisonment and carries a mandatory disqualification from driving and it is therefore important you seek legal representation if you are facing such a charge.
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Death by careless driving under the influence
This charge comes into effect when the driver has been under the influence of drink or drugs when the accident happened. The amount of alcohol and / or drugs in the body can greatly affect the sentence given however the recommended maximum sentence, on conviction, and the section this offence, death by careless driving under the influence, is charged under is as follows: -
Section 3A Road Traffic Act 1988
14 years imprisonment and a minimum 2 year disqualification
If you face such a charge you should seek legal advice from an experienced criminal defence firm immediately.
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Causing death by driving unlicensed, disqualified or uninsured drivers
This charge comes into effect when the driver had either no licence, was disqualified or had no insurance when the accident happened (usually there is a combination). The recommended maximum sentence, on conviction, and the section this offence, causing death by driving unlicensed, disqualified or uninsured drivers, is charged under is as follows: -
Section 3ZB Road Traffic Act 1988
2 years imprisonment, disqualification and 11 penalty points
As with all careless driving offences it is important to seek legal defence advice as soon as possible.
Getting Advice and Representation
If you find yourself facing an allegation such as death by careless driving you need to know that you have instructed a criminal defence solicitor who also specialises in road traffic law thus ensuring that the evidence and law is considered fully with a view to ensuring that you are given a fair trial.
Call today on 0333 011 0515 and ask for specialist Gary Bryan for a free, no obligation discussion about your case. Our services are available throughout England and Wales including Liverpool and Wirral
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