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Death by Driving

We have years of experience of successfully defending Death by Driving cases.

For free initial advice call 0800 999 5535

Keep My Driving Licence have years of experience in defending charges of Death by Driving. 

Call our specialist team today on 0800 999 5535 or submit your case and we will call you back.

Causing death by driving is the most serious offence you’ll face as a driver. You’ll be arrested and have to appear at Crown Court.

If you’re facing prosecution and you’re not sure what to do, we can advise you on which of the four death by driving offence categories yours will be placed into, the sentencing you’ll face and the defences you can make.

What are the four death by driving offence categories?

If arrested and charged, the offence will be placed into one of the following categories:

  • Causing death by dangerous driving
  • Causing death by careless driving under the influence of drink and/or drugs
  • Causing death by careless or inconsiderate driving
  • Causing death by driving while disqualified, unlicensed or uninsured

What is classed as dangerous driving?

Offences classed as dangerous driving are:

  • Driving aggressively
  • Racing
  • Ignoring the speed limit
  • Disregarding traffic lights, pedestrian crossings and road signs
  • Driving too fast in inappropriate traffic conditions or weather
  • Driving while knowingly deprived of sufficient sleep or rest
  • Operating a vehicle knowing it is poorly maintained or has a dangerous defect
  • Overtaking which could have been carried out safely
  • Undertaking other vehicles
  • Driving a dangerously loaded vehicle

What factors will the judge consider during sentencing?

Death by dangerous driving is the most serious offence you’ll face as a driver. You’ll be arrested and tried by the Crown Court.

The judge will decide the severity of your punishment based on the following factors:

  • The degree of responsibility of the offender
  • Other offences committed at the time, including driving a stolen vehicle or failing to stop
  • The serious harm caused by the offence, including whether more than one person was killed or injured
  • Whether the offender was seriously injured or was a close friend or relative of the victim
  • The circumstances and history of the offender, including helping at the scene, showing remorse, previous convictions and previous good character

How long is the sentence for death by driving?

Depending on the classification of death by driving, the sentence will differ:

  • Death by dangerous driving: 14-years maximum
  • Death by careless or inconsiderate driving: 5-years
  • Death by driving while disqualified, unlicensed or uninsured: 2-years

If you plead guilty, the judge may reduce your sentence by up to one-third, depending on how early your plea was made. A specialised solicitor, like Keep My Driving Licence, can advise you where this is necessary.

In ‘low fault’ cases, it may be decided you weren’t entirely at fault, a community service sentence or a fine may be deemed adequate punishment.

All death by driving sentences include disqualification from driving punishments.

If sentenced for causing death by driving while under the influence of drink or drugs, you must sit a compulsory extended test before regaining your licence. For those sentenced for causing death by driving while unlicensed, disqualified or uninsured, a discretionary test is advised.

The disqualification period begins at the moment of sentencing or enforcement, not from the date of the offenders’ release from prison.

How much of the sentence will I serve?

By law, you’ll serve half of your sentence in prison and half on licence in the community. While on licence, if you commit a crime or break the conditions of your licence, you’ll be sent back to prison.

If you receive a community service sentence, you’re likely to be under supervision and expected to undertake unpaid work.

Why is legal advice important?

Your best chance of a strong defence is hiring a legal team with experience in winning road offence lawsuits.

And your best chance is with Keep My Driving Licence.

Our solicitors will review your case and, with our knowledge and expertise, give you the best representation possible.

Death by Driving – FAQs

1: Why should I employ a specialised solicitor?

A specialised solicitor has experience of defending clients accused of death by driving offences.

2: How can a specialised solicitor help?

A specialised solicitor, like ourselves, have vast experience with death by driving cases. Keep My Driving Licence has helped previous clients have:

  • Cases terminated
  • Charges lowered
  • Sentences reduced

Death by driving is one of the most serious offences you can be charged with, so you must employ a specialist in road offence law.

3: What will the police investigate following a death by driving?

Following the incident, the police will investigate the crime scene and take into consideration the state of the road surface, weather conditions at the time of the incident and the condition of the vehicles involved.

They’ll also interview witnesses, as well as interview the drivers and passengers.

Their findings will then be collected and referred to the Crown Prosecution Service, where a decision will be made as to whether there’s sufficient evidence to bring charges.

4: The police have requested an interview. Should I go?

If you weren’t arrested at the crime scene, then you don’t need to attend a police interview.

However, if they request an interview and you’re unwilling to cooperate, although this is your right, it’ll look unfavourable should you be arrested at a later date.

If requested to attend an interview, you must seek legal representation. The answers you give may affect the result of your case. During a police interview, Keep My Driving Licence lawyers will advise you to ensure the best possible outcome.

5: What must the prosecution prove in case of causing death by dangerous driving?

The prosecution must prove your driving was dangerous and was a contributing cause in the death of another person.

The prosecution, however, doesn’t have to prove it was the only or primary cause.

6: How will a specialised solicitor defend my case?

A specialist solicitor will examine the factual evidence to challenge the prosecution’s case. They’ll collect:

  • Witness statements
  • Medical records
  • Expert witnesses
  • Accident reports

The case they build is called a Defence Statement and demonstrates to the court that your driving either didn’t fall below the standard of a reasonable and competent driver. It will also highlight any concerns with the prosecution’s case.

A thorough and well-prepared Defence Statement is extremely powerful and can result in the termination of the case or charges being reduced.

7: What is the maximum sentence for death by dangerous driving?

The maximum sentence for death by dangerous driving is 14-years.

8: Is death by dangerous driving manslaughter?

Yes, if you cause death by dangerous or careless driving, this is known as vehicular manslaughter.

9: How long does death by dangerous driving stay on your record?
Causing death by dangerous driving can stay on your record up to 11-years.
10: Will I go to jail for dangerous driving?

If you’re sentenced for death by dangerous driving, yes, you may face a prison sentence up to a maximum of 14-years.

However, if the judge deems you at ‘low fault’, you may receive a community service sentence or a fine.

General FAQs

Should I drive to Court?

This depends on your plea: Yes, if you are pleading not guiltyNo, if you are to be sentenced for an offence that carries a mandatory disqualification.

Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.

 

The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?

This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.

 

I really need my car for my job, will the Court let me keep my licence?

If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.

 

Do you cover cases on Legal Aid?

No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are

  1. Whether you are financially eligible
  2. Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.
Will I have to say anything in Court?

Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.

If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.

 

What are my chances, can you give me a percentage?

We would not give a client their chance of success in a percentage. We would not give a client their chance of success in a percentage, as this is not realistic. We provide all clients with a comprehensive assessment of their case and we are instructed on the basis that the client has been advised of their chances of success.

 

Will the Police or witnesses be in Court?

If you are pleading guilty or if it is your first hearing and you are pleaded not guilty then the witnesses will not be in Court.

If your matter is listed for a Trial, then the witnesses will be in Court as the Court will want to hear what the witnesses have to say.

 

Need advice from a motoring offence specialist?

 

If you’re facing death by driving charges, Keep My Driving Licence would like to defend you.

We’ll look at the facts of your case, explain the possible outcomes and support you when you need it most.

Get the legal support you need, call us for free on 0800 999 5535, email carl.millar@millarssolicitors.co.uk or contact us online

 

From Our Clients

 

5* Service

5 stars – thank you very much

Richard Smedley

Warehouseman
s73 0uu
Jul 4, 2021

5* Service

5 stars – thank you very much

Richard Smedley

Warehouseman
s73 0uu
Jul 4, 2021

Gratitude

The team at Millars solicitors we very helpful. With good and continuous communication, I stayed informed throughout the case. Everything was explained to me and I always knew what was going on. I am very grateful for Mr Compton who represented me in the courtroom. He was well prepared and was successfu…

Read More

Charles

Aug 2, 2021

Gratitude

The team at Millars solicitors we very helpful. With good and continuous communication, I stayed informed throughout the case. Everything was explained to me and I always knew what was going on. I am very grateful for Mr Compton who represented me in the courtroom. He was well prepared and was successful in helping me claim victory.

Charles

Aug 2, 2021

Getting the support needed

From start to finish Carl Millar was professional and friendly ,he made me feel totally at ease, my journey through the court was helped by having the correct information and a Barista which made the experience flow ,getting the best possible result , which I doubt I would have obtained otherwise.

Read More

Julie

Aug 2, 2021

Getting the support needed

From start to finish Carl Millar was professional and friendly ,he made me feel totally at ease, my journey through the court was helped by having the correct information and a Barista which made the experience flow ,getting the best possible result , which I doubt I would have obtained otherwise.

Julie

Aug 2, 2021

First class experience

The best! My whole experience from first conversation to court appearance was made so painless by Carl. The court commented on the quality of the record and personal statement. Carl has kept in regular contact and he’s always been genuine and managed my expectations. I wouldn’t hesitate to recommend…

Read More

Kelly

Aug 2, 2021

First class experience

The best! My whole experience from first conversation to court appearance was made so painless by Carl. The court commented on the quality of the record and personal statement. Carl has kept in regular contact and he’s always been genuine and managed my expectations. I wouldn’t hesitate to recommend this guy and his colleagues. Personable and professional. Thank you! True experts on their field.

Kelly

Aug 2, 2021

Speeding Offence Representation

I would like to say a huge thank you to Carl and his team. They handled the whole thing very professionally and I couldn’t be happier with the outcome. Very professional and helpful at all times when I was on the phone and also face to face. I can’t recommend Carl Millar Solicitors enough, well wort…

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Anon

Aug 2, 2021

Speeding Offence Representation

I would like to say a huge thank you to Carl and his team. They handled the whole thing very professionally and I couldn’t be happier with the outcome. Very professional and helpful at all times when I was on the phone and also face to face. I can’t recommend Carl Millar Solicitors enough, well worth having them involved. Thanks again

Anon

Aug 2, 2021

Highly Recommended Advice and Assistance

Millars Solicitors were highly efficient and professional and very easy to speak with. They seemed to take on board and empathise with every detail of my situation, allowing them to provide excellent and honest advice and assistance, achieving the absolute best outcome that I could have in my circumstances.Read More

Dan

Sep 12, 2021

Highly Recommended Advice and Assistance

Millars Solicitors were highly efficient and professional and very easy to speak with. They seemed to take on board and empathise with every detail of my situation, allowing them to provide excellent and honest advice and assistance, achieving the absolute best outcome that I could have in my circumstances.

I hope I never need to seek their advice and support again but should that situation ever arrive, I would approach them again and I would highly recommend their service to anyone.

Dan

Sep 12, 2021

Elated!

Despite my case being rejected by other solicitors, Millars agreed to take my case.

I would have got 6 points on my license and have lost it since I had been driving less than 2 years.

But the hard work from the solicitor ensured that when I was taken to court I received a fine but no points so not temporary d…

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L.Maun

Maintenance Technician
Lancaster
Oct 25, 2021

Elated!

Despite my case being rejected by other solicitors, Millars agreed to take my case.

I would have got 6 points on my license and have lost it since I had been driving less than 2 years.

But the hard work from the solicitor ensured that when I was taken to court I received a fine but no points so not temporary disqualification or revoking of my license.

I’m elated with the result due to the hard work of the solicitor.

L.Maun

Maintenance Technician
Lancaster
Oct 25, 2021

Highly Recommended

I would highly recommend Millars Solicitors of any driving offence that have occurred , they are extremely knowledgeable on finding the best results for any convictions.
Carl and his team worked very hard and efficienstly to get my driving disqualification from three years down to two years .
I’m …

Read More

Thomas

Sep 12, 2021

Highly Recommended

I would highly recommend Millars Solicitors of any driving offence that have occurred , they are extremely knowledgeable on finding the best results for any convictions.
Carl and his team worked very hard and efficienstly to get my driving disqualification from three years down to two years .
I’m very happy with the service I received from Millars Solicitors.

Thomas

Sep 12, 2021

Big Thank You!

A big thank you to Carl and Paul, who from the start where straight with me on the outcome of what i was facing and in the end, i got the best outcome for me and a big thank you to Mr Batch who represented me, i was expecting 3 years ban and a hefty fine, i got 17 months and a low fine .

The information from s…

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Stephen Hinds

Oct 25, 2021

Big Thank You!

A big thank you to Carl and Paul, who from the start where straight with me on the outcome of what i was facing and in the end, i got the best outcome for me and a big thank you to Mr Batch who represented me, i was expecting 3 years ban and a hefty fine, i got 17 months and a low fine .

The information from start to finish was accurate and professional it made me feel at ease in a very stressful situation I felt so much better after talking to them.

i would highly recommend there service.

Stephen Hinds

Oct 25, 2021

Motoring Offence – No Insurance

I had a very good overall experience with Millar’s. They made me feel at ease throughout the whole process and were considerably efficient in handling my case. Which I assumed was going to result in a ban. But thanks to the services of Millar’s, I was able to avoid a ban and ultimately win the case….

Read More

Simba

Oct 25, 2021

Motoring Offence – No Insurance

I had a very good overall experience with Millar’s. They made me feel at ease throughout the whole process and were considerably efficient in handling my case. Which I assumed was going to result in a ban. But thanks to the services of Millar’s, I was able to avoid a ban and ultimately win the case. If anybody is considering using Millar’s Solicitors, you’ll be doing yourself a favour if you choose to.

Simba

Oct 25, 2021

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About Keep my Driving Licence

Keep my Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.

Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.

Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.

If you have been caught drink driving you can contact Carl today on 0800 999 5535 or you can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806 119.

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