Section 20 of the Act states that it is an offence to cause 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.
A person will be guilty of the offence if the way he or she drives falls below what would be expected of a competent and careful driver. This is an either way offence which means it can be dealt with either in the Magistrates Court or the Crown Court. A person convicted of this offence is likely to receive a custodial sentence although you may find yourself inadvertently involved in a road traffic accident and face prosecution in which case you should of course seek immediate legal advice. A driving disqualification is mandatory.
Obtaining expert advice from road scene collision experts is often crucial and Freeman & Co have a directory of suitable experts for each individual case. Being charged with this offence does not automatically mean that the Court will reach the same conclusion as the Crown Prosecution Service.
If you find yourself involved in a road traffic accident causing death or serious injury, you should obtain immediate legal advice as the Police interview stage is crucial. It is essential that a driver in that situation has the benefit of a specialist Defence Solicitor.
Maximum when tried summarily: Level 5 fine and/or 6 months custody
Maximum when tried on indictment: 5 years custody
Minimum disqualification of 12 months with discretionary re-test
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