If you or someone close to you is facing a charge of death by dangerous driving, it is natural to feel overwhelmed and concerned. This is a grave offence with significant consequences, making it absolutely vital to seek advice from a trusted criminal defence solicitor who specialises in death by dangerous driving as soon as possible. Expert legal assistance can be crucial in potentially mitigating any penalties, including prison time. This article aims to provide an overview of what constitutes death by dangerous driving, outline the maximum potential sentences, delve into key points from the sentencing guidelines, and explain how a solicitor can help reduce your sentence.
The offence of death by dangerous driving in England is a serious criminal act where an individual’s driving causes the death of another person. This offence is primarily governed by the Road Traffic Act 1988, particularly under Section 1. Additionally, amendments and guidelines can be found in later acts and statutory instruments influencing road safety laws.
To secure a conviction for death by dangerous driving, the prosecution must prove specific elements beyond a reasonable doubt.
Examples of death by dangerous driving include:
These examples reflect scenarios where the dangerous actions of the driver unequivocally contribute to the tragic outcome of someone losing their life.
In England and Wales, the maximum sentence for causing death by dangerous driving is 14 years’ imprisonment. This offence is taken very seriously and the sentencing reflects the gravity of taking a life through dangerous conduct on the roads.
According to the Sentencing Council guidelines, factors that contribute to the sentencing decision include the level of culpability of the offender and the harm caused. The guidelines detail different categories based on the driver’s level of responsibility and the specific circumstances of the incident.
Aggravating factors such as previous convictions, alcohol or drug impairment, and reckless driving can lead to a higher sentence within the maximum limit. On the other hand, mitigating factors such as an early guilty plea or remorse shown by the offender can result in a reduced sentence.
Note that, in addition to the custodial sentence, a mandatory minimum driving disqualification of two years applies, and the driver must pass an extended retest before regaining their licence.
Several factors influence sentencing for death by dangerous driving, governed by Sentencing Council guidance.
As mentioned, judges consider both aggravating and mitigating factors to determine an appropriate sentence.
In addition to these factors, judges must take into account the intended sentencing range for death by dangerous driving, typically resulting in substantial prison time as mandated by law. The aim is to ensure consistency and fairness in delivering sentences, reflecting society’s expectations and the gravity of the offence.
A solicitor can play a crucial role in helping to reduce the sentence for someone charged with death by dangerous driving by employing various legal strategies and ensuring that the defendant’s case is presented in the best possible light.
Choosing the right solicitor is essential. When selecting a solicitor for a case involving death by dangerous driving, one should look for experience and expertise in criminal defence, particularly in traffic offences. It is critical that you find a solicitor who has a successful track record in handling similar cases and who is known for their strategic approach and persuasive skills in court.
When you first meet a solicitor, you can expect a thorough initial consultation where the solicitor will review the facts of the case, assess the best course of action, and explain the potential outcomes. During this meeting, the solicitor will likely ask detailed questions about the incident, gather information about any witnesses, and discuss any prior criminal history. They will also inform you about the legal process, potential defences, and the likely timeline for your case. It is an opportunity to build trust, so be prepared to provide honest and detailed responses to ensure they can construct a strong defence on your behalf.
If you have concerns regarding the potential sentence for causing death by dangerous driving, you are not alone. It is undoubtedly a distressing matter, and solicitors are accustomed to assisting individuals navigate the complexities of sentencing. For support and guidance on sentencing and other matters related to the offence of causing death by dangerous driving, contact the team at Stuart Miller Solicitors today. Our approachable staff possess the experience required to help you through these challenging next steps.
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