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Causing Death by Careless Driving Solicitors in London

Specialist London Solicitors in Causing Death by Careless Driving cases

At MFI Law Limited we have the expertise in representing clients charged with driving related offences. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.

Causing death by careless driving is governed by Section 2B of the Road Traffic Act 1988

The offence of causing death by careless driving is committed when the manner of a person's driving causes the death of another person.

The definition of this offence is linked to the provisions of Section 3ZA of the Road Traffic Act 1988. The section stipulates that a person is to be regarded as driving without due care and attention if (and only if) the way he or she drives falls below what would be expected of a competent and careful driver.

A notable case relating to causing death by careless driving is R v Larke (2010) in which Defendant, aged 74 with a clean driving record of 50 years, pleaded guilty in the Magistrates' Court and was committed for sentence to the Crown Court. She had parked her car in a lay-by while taking her dog for a walk and on her return she attempted to perform a u-turn out of the lay‐by. She pulled into the path of a car which managed to avoid her but a motorcyclist travelling behind was unable to avoid a collision resulting in the death of both the motorcyclist and his passenger. The Judge considered that this fell into the most serious category and imposed a sentence of 2 years imprisonment. On appeal it was held that this case was outside the range of appropriate sentences, the consequences of Defendant's carelessness needed to be highlighted by a prison sentence but the right sentence was one of 39 weeks imprisonment suspended for a period of 12 months.

Sentencing guidelines for causing death by careless driving

Maximum Sentence: 5 years imprisonment

The maximum sentence has been set at 5 years imprisonment. The sentence ranges are lower for this offence than for the offences of causing death by dangerous driving for which the maximum sentence is 14 years imprisonment. However, some cases will be on the borderline between dangerous and careless driving, or may involve a number of factors that significantly increase the seriousness of an offence.

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