The law:Road Traffic Act 1988, s.2B Road Traffic Act 1988, s.3ZA

A person who causes the death of another person 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, is guilty of this offence.A person will have driven ‘without due care and attention’ if his driving has departed from the standard of care and skill that would, in the circumstances of the case, have been exercised by a reasonable, prudent and competent driver.

Likely sentence or penalty

Triable either in the Magistrates Court or the Crown Court. The maximum when tried in the Crown Court is 5 years imprisonment. the maximum when tried in the Magistrates is 6 months imprisonment. The minimum mandatory disqualification is 12 months. There is a  mandatory endorsement of  3-11 points and a discretionary re-test .If points are imposed resulting in a total of 12 or more you are liable to disqualification on ‘totting up’ unless exceptional hardship can be argued

Our advice:

Causing death by careless or inconsiderate driving is an aggravated form of the offence of careless driving The maximum sentence on conviction is 5 years if the case was sent to the Crown Court but such a sentence would be reserved for the very worst kind of case where a person is convicted after trial. A conviction will not necessarily lead to a disqualification. It also carries a realistic prospect of receiving a prison sentence. There are a number of possible defences to this allegation. It is highly recommended that you seek advice from specialist motoring or criminal defence lawyers who will either be able to help you avoid a conviction or limit the damage by securing a reduced sentence.