Death By Dangerous Driving
Accidents which result in a fatality may involve one or more drivers being charged with death by dangerous driving. Charges can be brought against drivers whose behaviour contributes to an accident, including those who have a high blood alcohol level or are under the influence of drugs, those who exceed the speed limits for the area and those whose driving falls below the standards expected of a competent and careful driver.
Following the introduction of the new road traffic offence of causing death by careless driving, motorists are increasingly finding themselves facing up to 5 years’ imprisonment in cases involving fatalities. These new offences were introduced to address public concern regarding cases involving fatalities where the defendant’s driving was not considered dangerous and minimal sentences were therefore applied.
To assist the court the Sentencing Guideline Council has produced guidelines. It is therefore extremely important that driver’s and those acting for them obtain advice and a second opinion. Even in cases where a driver has been found guilty of careless driving or is willing to plead guilty, a report bringing together the mitigating factors and thereby enabling the court to evaluate the degree of carelessness may be essential when it comes to sentencing. It could mean the difference between a custodial and non-custodial sentence.
Forensic vehicle examination can establish whether the behaviour of a driver involved in a collision could be described as dangerous. Our experts can also identify any aspects of a case which may otherwise be overlooked in a case such as this and identify other factors which could have contributed to an accident that were not attributable to the driver(s) involved.
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Contact Elliott Forensics to help with your dangerous driving case. Our experienced team can help you.