Having to deal with the police in addition to oppressive investigators employed by insurance companies trying to protect their financial position can be very tough, especially at a time when you’re likely to be worried about your future and pending proceedings.
You will obviously be very upset by the situation. You’ll be expected to make decisions but your emotions will have a big impact on what you decide to do. Engaging an expert criminal solicitor will help as they can then guide you through which decisions you need to take, and will give you an explanation of what the outcome of these decisions is likely to be.
If you’ve been charged, arrested or invited into the police station for an interview, you will be feeling very nervous, anxious and concerned about the situation.
Securing a competent and experienced solicitor to support you throughout the investigation is vital. You will need legal help from the initial police interview through to your court appearance.
By working with skilled criminal solicitors, you may even be able to have your case dismissed before it reaches the court stage.
Have you been accused of causing death by Dangerous Driving?
Being convicted of death by dangerous driving typically results in receiving a prison sentence. Cases of this nature are handled by the crown court. One way to improve your situation is to engage a legal professional as early as possible. It’s important that your side of the story is conveyed to the police early on and that the defence process gets underway early.
To help explain what’s the legal framework is of death by dangerous driving legalities, we’ve put these commonly asked questions together with their answers. If you have a question that is not listed here, you can call us on 0208 888 5225 or use our contact form, and we can provide you with an answer.
We aim to support you in every way we can while you go through this challenging time.
What happens in a case of Death By Dangerous Driving?
When there is a case of death by dangerous driving hanging over your head, it can understandably feel very stressful. The prosecution is going to be trying to prove the offence to the court so that you found guilty and convicted. Their main goal is to get the Jury to agree that your driving could be classed as being very dangerous to somebody who is considered to be reasonably competent at driving.
Actions that may be considered to be dangerous driving include the following:
Being distracted by a communication device or a car radio
The undertaking of other vehicles
Overtaking at high speeds or in a dangerous and illegal position
Driving aggressively or in too close proximity to other vehicles
Driving at high speeds
Ignoring traffic markings and road signs
Driving a vehicle that is not road worthy
Driving under the influence of alcohol or drugs
The approach of a good lawyer will be to put forward arguments and facts that prove that you were not driving in the manner that you are being accused of.
The first step for your legal representative will be to gather information from you about what happened. Then it’s vital to move onto to collecting witness statements, gathering expert reports and carrying out reconstructions of the accident and the scene.
Every death by dangerous driving case is unique. However, being able to speak with a competent and skilful legal professional can help you to get the best possible outcome. It will also give you peace of mind that you have the best possible person supporting you to get the best possible outcome.
Navigating a trial of this nature without the help and support of an experienced solicitor who knows this legal field inside out and who has many death by driving trials under his or her belt, will make all the difference.
It’s not surprising that when a person is involved in this type of case, they can find it to be very stressful. The penalty given at conviction is hefty. Using a solicitor who has in-depth knowledge of crafting a strong defence and using expert witnesses can turn the outcome around to be favourable to the accused.
Death by Dangerous Driving : you may have been falsely accused of being involved
In some instances, our clients have been falsely accused of death by dangerous driving. If you feel this is your situation, then you will need to engage a strong defence team to back you up and give you support. As noted above, the prosecution will be trying to establish that the standard of your driving was below that of what would be expected of a competent driver.
Getting your case dismissed before it reaches the court stage is vital to you continuing to live your life as it is. In some cases, you may have made a mistake while driving or get a charge for careless driving.
The numbers of people being accused of death by dangerous driving are sharply increasing. For example, it’s not uncommon for a prosecution to accuse a person with dangerous driving when they may be trying to establish who was driving. A strong legal team are equipped to recognise a case of when it’s a mud throwing exercise that needs to be challenged before it gets to court.
Without a lawyer, you cannot find out more until the interview
If you discover that you or your loved one are under investigation as part of a death by dangerous driving charge, you’ll probably be invited to the police station for an interview.
The police will be trying to establish how bad your driving was or what you failed to do.
A popular police tactic is not to disclose all the evidence that they have against you until it’s beneficial for them to do so. The police may withhold evidence and then try to put you into a position where you may inadvertently incriminate yourself by responding to one of the questions in the wrong way. It’s in this situation that you should have a good lawyer with you. In fact, we recommend that you do not under any circumstances attend a police interview without a lawyer as many of their tactics are not transparent and designed to trip you up.
The lawyer will tell you what to say and what not to say and will help you to potentially access more evidence than may otherwise have been made available to you.
Instruct a legal professional as soon as possible
Being asked probing and intrusive questions in an environment that is high pressure can be challenging. You may even find it very upsetting.
As the police try to gain a conviction, they will try to get you to say something that will incriminate you and that they can use in court to prove their case against you. They know how to put you under pressure, how to withhold evidence and how to get you to expose yourself in a way that could land you with imprisonment.
Without guidance, there is a chance that you will be charged at the end of the interview with death by dangerous driving.
Could you go to prison for Death By Dangerous Driving?
If you’re found guilty of death by dangerous driving, you are likely to be given a prison sentence.
The media has recently placed a lot of negative attention on sentences where someone has died and the judge has deemed it suitable to order the convicted person to serve time working in the community by way of unpaid word, or has passed a suspended sentence. Allowing the convicted person to stay out of jail.
Whilst this may sound lenient to members of the public, especially when someone has died and their loved ones are grieving; the law has empowered the judge to pass the most suitable sentence based on the culpability of the accused person and their intention or their level of dangerousness or carelessness.
Anyone could be caught up in this charge and any jury may be convinced by a prosecutor that a level of dangerousness existed. It’s not always appropriate for a judge to order a term of imprisonment and it is for your criminal solicitor to do anything it takes, to ensure you stay out of jail.
What type of sentence could you get for Death by Dangerous Driving?
Typical sentences for this offence are anywhere between a suspended sentence and fourteen years in jail. This would obviously have a devastating impact on anybody who is found guilty and convicted of this offence.
Another penalty that the court has the power to impose is a disqualification from driving. A ban of this nature can be for a minimum of two years. You will also most likely to be forced to retake your driving test.
What mitigating factors may be considered in sentencing?
The Judge will consider what your role was in the fatal road accident. They will consider what led up to the accident and the statements from witnesses who saw you and your driving before the accident. They will also consider any expert witness reports presented by your legal representation and whether you were intoxicated or under the influence of drugs at the time. The sentencing will be based on what is presented.
Any factors which are favourable to you and likely to convince the judge that you ought not to be imprisoned will be collected and presented by your criminal solicitors.
These mitigation points can be anything from your contributions to society whilst serving in the military, your role as a doctor or teacher; and even for example the help you provide to the local youth club or the local church on a weekend.
Your life history and present circumstances will all be explored to extract matters of importance which can be used in your favour.
Does a conviction for Death by Dangerous Driving go on your criminal record?
If you are convicted of death by dangerous driving, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the type and the length of the sentence.
If you are imprisoned for more than 4 years, the endorsement will be for life; otherwise, it will be endorsed on a tapering down basis.
How Can Stuart Miller Solicitors Help?
As one of the largest criminal solicitors’ firm in the UK, we know how important it is for you to receive the highest standards of legal services and we will make sure that you get them. With our young and dynamic team of passionate lawyers, we will ensure that every piece of evidence is followed to try and get a better outcome for you.
Our criminal solicitors have experience in defending death by dangerous driving allegations and will be able to deliver the support and advise you need.
How we defend Death By Dangerous Driving allegations
We will scrutinise the prosecution’s evidence, identify unlawfully obtained evidence, challenge the admissibility of evidence and contest the testimony of witnesses who may be lying. We will instruct specialist crash site and accident reconstruction experts to pick out any small grain of evidence which will support your defence case.
Our criminal solicitors will work with you to understand the entire circumstances surrounding the offence and to draw out any other evidence which could assist. We will prepare you for the day you are required to give evidence and stand in the witness box, a critical event which can make or break a case.
Always seeking to apply as many legal minds to a case as possible, we will instruct some of the most talented and brilliant criminal barristers to present your case to the Court, to persuade the jury and keep the prosecutor in check.
Book a free consultation with our Criminal Solicitors
We do understand the impact of the offence you are facing and the pressure that you will be under. We will take the time to explain everything in detail, so you are clear about where you stand and what the possible outcomes are. Early action is pivotal to the success of every case.
Please contact us and ask to speak to our criminal solicitors to arrange a meeting in person, online or by telephone.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then call us today on 0208 888 5225. We are here to give you the support you need and to ensure that you get the best possible outcome. Having helped many other clients who have had the same circumstances to handle, we know how to get you the best possible results.
You can even WhatsApp us using the link on this page, if that is what you prefer.
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