Death by careless driving

If you're facing charges for causing death by careless/inconsiderate driving, you will be tried in either the Magistrates Court or the Crown Court. Cases are often referred to the Crown Court if the Magistrates Court feel they don't have the powers to deal with that particular case.

For more information call our motoring offence solicitors on 01772 220 022 or contact us by email.

The main difference between the two is how responsible the offender is for causing the accident. To be prosecuted for causing death by careless driving, your driving must merely fall below what would be expected of a competent driver. To be charged with death by dangerous driving, the standard of driving must fall far below that of a competent and careful driver.

For advice call our motoring offence team on 01772 220 022 or contact us by email.

Your driving will be considered careless if it has fallen below what would be expected of a competent driver. Any of the following could be considered to be careless driving:

• failure to comply with road traffic signals/signs;
• speeding or driving at a speed which is inappropriate for the conditions;
• driving under the influence of alcohol or drugs (including prescribed medication when advised not to);
• distraction by an electronic device for example using a mobile phone;
• undertaking or tailgating another vehicle;
• misusing lanes.

For more information, please call our motoring offence solicitors on 01772 220 022 or contact us by email.

If you are found guilty of causing death by careless driving, you could be facing up to five years imprisonment and a minimum driving disqualification of 12 months or a penalty point endorsement of 3 - 11 points on your driving licence in which case, you will have to take a discretionary retest. A momentary loss of concentration will receive a more lenient sentence. However if your driving fell short of death by dangerous driving the sentence will be more severe.

Please contact our motoring offence solicitors on 01772 220 022 for more information or make an enquiry online.

The Judge will consider the level of blame which can vary extremely in cases of careless/inconsiderate driving. If the offender was under the influence of drink or drugs, there is a higher level of blame. Similarly, if the offender is driving without a licence, whilst disqualified or uninsured, the offender's level of responsibility increases, and the offender will receive a much higher sentence than if it is simply a momentary lapse of concentration.

You will be sentenced after pleading guilty or being found guilty following a trial. The Judge may pass the sentence immediately or the case may be adjourned whilst they obtain reports.

Before passing a sentence, the Judge will consider any aggravating or mitigating factors such as:

• how responsible the offender was for the accident;
• how many people were killed or injured as a result of the collision;
• their relation to the victim;
• whether the offender was seriously injured as a result of the collision;
• other offences committed at the same time of the accident, was the offender driving while disqualified, without a licence or uninsured;
• previous convictions.

The maximum sentence you could receive for causing death by careless/inconsiderate driving is 5 years imprisonment and for causing death by driving whilst unlicensed, uninsured or disqualified is two years imprisonment.

If level of fault is low and you are not considered to pose a danger of re-offending, the Court may deem a community sentence to be more suitable rehabilitation. You could also be facing a fine.

If the offender enters a guilty plea, dependent on how early the plea is made, the sentence could be reduced by up to one third. All sentences will include a disqualification from driving any vehicle followed by a discretionary re-test.

For more information contact our motoring offence solicitors on 01772 220 022 or contact us by email.

If you are found guilty of causing the death of another person by careless/inconsiderate driving and it is proven your driving fell below the acceptable standards of a competent driver, the maximum sentence you may receive is up to five years imprisonment.

The Judge will take into account any aggravating or mitigating circumstances when sentencing. If convicted for causing death by careless driving, you will be disqualified from driving for a minimum of two years with a discretionary re-test at the end of the disqualification.

If you're facing prosecution for death by careless/inconsiderate driving contact our motoring offence solicitors on 01772 220 022 or complete an online enquiry form here.

Penalties are more severe when the driver is under the influence of drugs or alcohol. If you have caused the death of another person whilst under the influence of drugs or alcohol you could be facing:

• up to 14 years imprisonment;
• a mandatory disqualification of a minimum of 12 months;
• an unlimited fine in addition to a custodial sentence;
• a compulsory extended retest following the disqualification period.

For more information contact our motoring offence solicitors on 01772 220 022 or contact us by email.