Very Serious Road Traffic Offences

Serious Motoring Offences

Patterson Law represents clients across England and Wales in relation to some of the most serious road traffic offences which carry a minimum 12-month disqualification, an extended retest, community orders and in many cases a prison sentence.

If you are on a low income you may be able to get legal aid in relation to these types of serious allegations because there is a risk of a prison sentence.  We are specialists in road traffic offence law and do not offer legal aid.  We are only able to assist if you can pay private legal fees.

We believe it is a high-risk strategy to entrust cases like these to a non-specialist. Now is the time to ask a motoring offence specialist how to defend your allegations.

Call us for free advice so that we can go through you case in detail and advise on the best way forward if you have been charged with any of the following offences: –

Dangerous Driving

We have considerable experience successfully defending serious offences which are dealt with by our Critical Case Specialists.  The Sentencing Guidelines for this offence were updated on 1^st July 2023 and consequently more offenders will be at risk of a custodial sentence.

Dangerous Driving Sentencing Guidelines: – https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/dangerous-driving/

It is an offence under s.2 of the Road Traffic Act 1988 to drive a mechanically propelled vehicle dangerously on a road or other public place.

To convict you the prosecution must prove beyond reasonable doubt that the standard of your driving fell well below that of the careful and considerate driver. However, you can also be accused of driving dangerously if your vehicle is defective.

The term “dangerous” refers to danger either of injury to any person or of serious damage to property.

Dangerous related allegations normally include suggestions of driving erratically at unsafe speeds, racing or competitive driving, a police chase, or overtaking in an extremely reckless manner.

If convicted, you will be automatically banned for a minimum period of 12 months and you will be ordered to take a mandatory extended retest before you are allowed to drive again.  You are also at serious risk of being sent to prison if you have been accused of these allegations.

If you have been accused of dangerous driving, you are going to need expert advice as this is an either-way offence which can be dealt with at both the Magistrates Court and the Crown Court.

Death by Dangerous Driving Penalties:

• 5 Year Minimum Ban
• Mandatory Extended Retest
• Risk of up to 2 – 18 Years Imprisonment

Driving offence code: DD80

The offence of causing death by dangerous driving is committed under section 1 RTA 1988 when the suspect’s driving is a cause or factor in the death of another person and the driving was dangerous.

This the most serious of all road traffic offences and is indictable only, which means that the case will be heard in the Crown Court.

The Sentencing Guidelines for this offence were updated on the 1^st July 2023 which increased the risk of custodial sentence and also increased and the maximum sentence.

Death by Careless Driving Penalties:

• 1 Year Minimum Ban
• Discretionary Extended Retest
• Community orders
• Risk of up to 5 Years Imprisonment

Driving offence code: CD80

The offence of causing death by careless driving is committed under section 2B RTA 1988 when the person’s driving is a cause or factor in the death of another person and the driving was careless.

New Sentencing Guidelines were brought into force on 1^st July 2023 and as with any new guidance we are going through a phase of uncertainty in relation to the potential length of a disqualification, but we do know that upon conviction offenders will face a minimum one-year disqualification together with community orders.  There is a serious risk of custody with this offence.

To convict the Prosecution must prove beyond reasonable doubt the suspect’s driving is a cause or factor in the death of another person and the driving was careless or inconsiderate.

If you have been accused of causing death by careless driving, you are going to need expert advice as this is an either-way offence which can be dealt with at both the Magistrates Court and the Crown Court.

The Court can also now consider the following offences: –

• causing death by careless driving when under the influence of drink or drugs
• causing death by careless driving
• causing death by driving whilst disqualified
• causing death by driving whilst unlicensed or uninsured

Serious Injury by Dangerous Driving Penalties:

• 2 Year Minimum Ban
• Mandatory Extended Retest
• Community orders
• Risk of up to 5 Years Imprisonment

Driving offence code: DD10

The offence of causing serious injury by dangerous driving is committed under section 1A of the Road Traffic Act 1988 when a person causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place.

New Sentencing Guidelines (https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-serious-injury-by-dangerous-driving/)  were brought into force on 1^st July 2023 bringing them in line with the new guidelines for Dangerous Driving.

“Serious injury” is defined as “… physical harm which amounts to grievous bodily harm for the purposes of the Offences Against the Person Act 1861” (section 2C (2)(a) RTA 1988).

This is an either-way offence which can be dealt with at both the Magistrates Court and the Crown Court.

This is a complicated area of law and you need expert advice to ascertain whether the charging standard for both dangerous driving and serious injury has been met.

Serious Injury by Careless Driving Penalties:

• 1 Year Minimum Ban
• Discretionary Extended Retest
• Community orders
• Risk of up to 2 Years Imprisonment

Driving offence code: CD33

The offence of causing serious injury by careless driving is committed under Section.2C  of the Road Traffic Act 1988 when a person causes serious injury to another person by driving a mechanically propelled vehicle on a road or public place without due care and attention, or without reasonable consideration for other persons.

New Sentencing Guidelines (https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-serious-injury-by-careless-or-inconsiderate-driving/ )  were brought into force on 1^st July 2023 bringing them in line with the new guidelines for causing serious injury by Dangerous Driving.

“Serious injury” is defined as “… physical harm which amounts to grievous bodily harm for the purposes of the Offences Against the Person Act 1861” (section 2C (2)(a) RTA 1988).

This is an either-way offence which can be dealt with at both the Magistrates Court and the Crown Court.

This is a complicated area of law and you need expert advice to ascertain whether the charging standard for both careless driving and serious injury has been met.

We are Dangerous & Careless Driving experts and we can help you…… Ask a FREE question with no obligation.