Death by careless driving
Causing Death by Careless or Inconsiderate Driving The offence
of causing death by careless driving is a relatively new offence
which was introduced by the Road Safety Act 2006.
The
definition of the offence is "causing death by driving a
mechanically propelled vehicle on a road or other public place
without due care and attention, or without reasonable consideration
for other persons using the road or place."
As with any other careless driving allegation, the prosecution
have to show that you were at fault by proving that the standard of
your driving departed from the standard of a reasonable prudent
driver in all the circumstances of the case.
In addition, as with a death by dangerous
driving allegation, they must prove that the person's
death was caused by the manner of your driving. This does not have
to be the only cause of death, if it is a cause of death, then this
would be sufficient for the Judge to direct the jury to convict
you.
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This type of offence could be dealt with in either the
Magistrates' Court or the Crown Court depending on the seriousness
of the case. If convicted, the Court could impose a custodial
sentence of up to five years in the Crown Court or up to 6 months
in the Magistrates' Court. There is also a mandatory
disqualification from driving of a minimum of 12 months.
There are also more serious offences if you were uninsured,
unlicensed, driving whilst disqualified or under the influence of
drink or drugs at the time of the offence.
Therefore it is important to get expert legal advice if you are
charged with causing death by careless driving.
Contact us now using our
online contact form below to discuss your specific
circumstances.