Dangerous Driving and Death by Dangerous Driving

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Dangerous Driving and Death By Dangerous Driving

If you are facing an allegation of dangerous driving, our expert motoring offence solicitors are here to help.

We appreciate that most people in this situation are frightened about the penalty that will be imposed by the court. You may have to undergo a police interview and require assistance at the police station. There’s no need for you to go through this situation on your own.

We have fully police station-accredited dangerous driving solicitors with vast experience of dealing with all police station matters. We have also spent many years advising clients on defensive strategies designed to create the best possible chance of securing an acquittal.

Our involvement in your case from the moment you are interviewed at the police station, right through to the conclusion of your case, could make a decisive and fundamental difference to the outcome.

To contact our team of specialist dangerous driving lawyers and find out how we can help you, call us for free on 0345 872 6666 or complete our online enquiry form and we will get back to you as soon as we can.

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What our clients say

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Why Choose JMW?

Motoring offences can be damaging for everyone involved. At JMW, we are aware of the importance of staying on the road - for both every-day and work life, and it is our goal to keep your life on track.

We pride ourselves on our high standards of performance but, equally, our approachable attitude and modern approach. When working with us, it is our promise to provide you with the best chances of a positive outcome, and this will come from our extensive knowledge and attention to detail regarding motoring offences, and the delicate subject thatwhich is death by dangerous driving.

Our involvement in a case often results in the court departing from their guidelines and can often lead to a penalty being imposed that is far less severe than the guidelines suggest.

Even if you intend to plead guilty, we can help present your case effectively to ensure any punishment is appropriate to your circumstances. We may even be able to provide representation under the terms of your household/motor insurance policy.

Meet our team of expert solicitors

Our specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of dangerous driving.

Hojol Uddin

Partner

Sam Healey

Partner

Helen Kelsall

Associate

Charles Stansfield

Solicitor

About Dangerous Driving

Section 2 of the Road Traffic Act makes it a criminal offence to drive a mechanically propelled vehicle dangerously on a road or other public place.

In order for you to be found guilty of this offence, it must be proven that the manner of your driving fell far below the standard expected of a competent driver and it would be obvious to a competent and careful driver that the manner of driving would be dangerous.

Dangerous driving is not just restricted to the manner in which you drive. A person can be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. For example, if a person is aware that their vehicle has defective brakes but drives their vehicle anyway, and they are then involved in an accident; this could be regarded as dangerous driving.

Death by Dangerous Driving and Other Fatal Offences

In addition to death by dangerous driving, there are three other fatal offences:

  • Death by careless driving
  • Death by careless driving whilst driving under the influence of alcohol or drugs
  • Death by driving unlicensed, disqualified or uninsured

Causing death by driving offences are the most serious motoring offences. Your case will first be heard in the Magistrates’ Court. Depending on the seriousness of the allegation, your case may be transferred to the Crown Court, where you would be tried by judge and jury, which have far greater sentencing powers. To avoid these, you should enlist the help of death by dangerous driving solicitors.

In assessing seriousness, the court is likely to take into consideration some or all of the following:

  • Whether you were aware of the risks associated with the manner of your driving
  • The effect of any alcohol or drugs you consumed
  • The speed of your vehicle
  • Your behaviour, e.g. aggressive driving or using a mobile telephone
  • Whether the victim was a vulnerable road user, such as a pedestrian or cyclist
  • Whether the victim was a vulnerable road user, such as a pedestrian or cyclist

Penalties

The potential penalties for each offence are as follows:

  • Death by careless driving - Up to five years in prison, and disqualified for a minimum of one year
  • Death by dangerous driving - One to 14 years in prison, and disqualified for a minimum of two years
  • Death by careless driving when under the influence of drink or drugs - One to 14 years in prison, an unlimited fine, or both; and disqualified for a minimum of two years
  • Death by driving: unlicensed, disqualified, uninsured drivers - Up to two years in prison, an unlimited fine, or both; and disqualified for a minimum of one year

What Happens if I Plead Guilty to a Fatal Motoring Offence?

If you plead guilty you are likely to receive the following penalty:

  • Death by dangerous driving - Up to a maximum of 14-years imprisonment, minimum two-year disqualification from driving with a compulsory extended re-test
  • Death by careless driving - Penalty ranging from community order up to five years imprisonment, minimum 12-month disqualification from driving with a discretionary extended re-test
  • Death by careless driving whilst under the influence of alcohol or drugs - Up to 14-years imprisonment, minimum two-year disqualification from driving with a compulsory extended re-test
  • Unlicensed, disqualified, or uninsured driving - Penalty ranging from community order up to two-years imprisonment, minimum 12-month disqualification from driving with a discretionary extended re-test

Our Fixed Fee Service

JMW offers a ‘fixed fee’ service designed to assist you in preparing detailed and effective mitigation aimed at persuading the court to exercise leniency when imposing a penalty. Further information regarding ‘fixed fees’ can be found on our fees page.

For most people, a court appearance is alien. Some people find standing before the court very difficult and quite daunting. This can sometimes impact on their ability to communicate all of the information and issues they wish to be taken into consideration by the court. Let us do the talking.

With our ‘fixed fee’ service, we offer the following:

  • Telephone conference/personal meeting with your solicitor
  • Representation at the hearing by either a partner or an expert motoring law barrister
  • A full pre-hearing briefing with regards to court procedures and what to expect at court
  • A conference with your legal representative on the morning of the hearing
  • A full post-hearing debriefing (to discuss the penalty imposed, the implications, and any further options that may be available to you)

Testimonials

When I first became aware of my driving issues I approached a company famous for resolving such issues however the price quoted was excessively high. As a result I asked a contact in the legal profession in Manchester who recommended JMW and as a result I met with Hojol.

I would like to take the opportunity to offer my sincere gratitude to Hojol for all his help with my case.

Thank you for the good advice and obtaining a great result avoiding a disqualification from driving. I have been telling my friends and family how exceptional your representation was from start to finish. Great service and great result.

First of all I would like to say a big thank you for Hojol and his team for the outcome of my sons case. My son got issued to court for 5 driving offences the worst one was failing to stop and report which could lead to a custodial sentence.

Thank you, also, for your invaluable assistance with my sons legal case. Since the incident my son has been a very troubled soul so your positivity and professionalism was a blessing. The Courts’ sentence was, thankfully, lenient; I expected something far worse, so we are very grateful to you for being there to assist our son in navigating a passage through this disconcerting process.

Hojol, We cannot thank you enough as parents for the patience and understanding you have shown our family. We are certainly extremely pleased with the outcome you achieved. All the best.

I want to thank you very much for your help with everything. I will definitely highly recommend you to anyone else, the way you dealt with the case within the short time frame and with the desired outcome was unbelievable.

I would highly recommend the service provided by Mr Uddin, to anyone who requires representation for a driving offence. I had gone from a clean licence to accruing five speeding offences in the space of a month at pretty much the same place, and despite trying to get someone to understand the circumstances behind this and how to deal with it I felt there was limited help available.

I contacted JMW as they are on our insurance firms intranet for help on motoring matters. Following receiving a court summons giving me 3 working days to answer and prepare a defence for charges in relation to failing to provide a specimen of breath for analysis and possession of a class A controlled drug, within minutes I was contacted by Mr Uddin who was Highly knowledgeable very informative and understanding of my predicament, he agreed to represent me and worked very unsociable hours over a weekend to assure no time was lost in preparing my case.

The service I received from Hojol Uddin, JMW Solicitors LLP, was sensitively handled, highly competent, professional, timely and efficient. The advice, guidance and support was excellent, well communicated and expertly executed. The result was positive.

Once again I would like to thank Hojol for all what he done for me, I was really worried but he made sure everything would be fine. I failed to provide a specimen at the police station. And was told I will get 12 months minimum ban. However, I received 4 months in the end with a lesser charge. I am really happy with the customer service and I would definitely recommend Hojol for any driving offence.

Thank you for Hojol Uddin

Just wanted to say thank you for all your help in making a very difficult situation as easy as possible. Charles was also fantastic today and really helped Sam and us through it all with his good humour, and also understanding. We are really happy that you both got the best possible outcome for Sam. Tell him he can park on my drive anytime :-)

What can I say Hojol, you have lived up to your reputation between my circles of friends. I just wanted to send a quick email to say thank you very much for the hard work you put in me for my case. The time and effort you put in really made the difference and I'm very grateful for everything you have done, you went above and beyond for me to win the case and I genuinely believe no one else would of been able to get the result you got. Much appreciated.

Hoj, thank you from all of my family. Having represented my wife in Banbury a number of years earlier, I didn’t think we would have to call you again but I am glad I did. You have been a rock since I contacted you and all those conversations of support you gave me and my family.

Thank you so much for your speedy response in the late hours. I thought I was going to reveice a criminal conviction. Although they were minor offences, I could do without the headache of having to declare them when I'm travelling to the US, Mortgage applications, loans etc. You were able to have the matter resolve swiftly which resulted in the case being dealt with out of court, with no conviction and not having to travel all the way to Lancaster.

Hoj, you are the man thank you so much great to see you. I

FAQS ABOUT DANGEROUS DRIVING

Q
When should I contact a solicitor for a dangerous driving offence?
A

Contact our dangerous driving solicitors as soon as possible, especially if there has been a death. The sooner we can discuss your case, the sooner we can project a plan and costing. We aim to be completely transparent about your situation and the process, and efficiency is key.

Don’t hesitate; contact us now and kickstart the defence of your rights to stay on the road.

Q
What is the process of defending against a dangerous driving allegation?
A

Motoring offences are always serious due to the fact they involve the safety of other people, but dangerous driving allegations and, especially death by dangerous driving allegations, are the top of the motoring offences severity chain.

There are many other factors to consider when building a defence against this type of offence. You may have been accused of other offences too, as there may be further reason for the accusation or offence to have taken place to begin with, such as intoxication. A dangerous driving solicitor will be able to help you break down your unique situation, and will advise on the necessary action.

The police must build their case, too, so it might take up to seven or eight months to get your court hearing. During this time, our motoring offence solicitors will be in regular contact with you as we form your defence. This process also may take a varying amount of time due to the amount of evidence provided.

Any driving offence will take a significant amount of time and effort to get through, so we can not be more insistent that you contact us as soon as possible so we can make it as smooth and painless as possible.

Q
How long does it take to complete the process?
A

Depending on the complexity of the case (the amount of evidence, the severity of injuries caused, other simultaneous offences, etc.), your case could take more or less time to work through.

It might take up to seven or eight months to get your court hearing and, from the point of accusation, we will work tirelessly to create the best defence possible.

Driving offences take a long time to process, but it is important that each second is accounted for, and the sooner you contact us, the longer we have to make this time worthwhile and productive. Call JMW now for a consultation.

Q
What are the consequences of being charged with dangerous driving?
A

Any driving offence is treated with the utmost severity by the law, but dangerous driving is the most serious example of this. If you have harmed or injured someone you can expect to lose your licence as a best-case scenario.

Not everyone who is accused of dangerous driving is a known criminal. Equally, dangerous driving extends to the people you have harmed, and is therefore difficult on many levels, not simply financial.

For more information, call us now and we can begin to consider your options and your defence in a calm and understanding manner.

Talk To Us

If you’ve been accused of dangerous driving, get in touch with our specialist solicitors today. Call 0345 872 6666 or complete our online enquiry form.

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