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Causing Serious Injury by Dangerous Driving Solicitors
If you find yourself under investigation or charged with this offence, our team can assist you and work to achieve the best possible outcome in court.
The offence of Causing Serious Injury by Dangerous Driving
The offence of Causing Serious Injury by Dangerous Driving was enacted to provide the Courts with additional sentencing powers to impose harsher sentences on drivers that cause serious injury to others as a consequence of their dangerous driving.
Prior to the introduction of the offence, a driver could only be sentenced to the top end of the Dangerous Driving sentencing guidelines, that being 2 years in prison regardless of the severity of the injuries caused.
The introduction of the offence now enables the Court to impose a sentence of up to 5 years imprisonment in the most serious of matters.
Facing an allegation of Causing Injury by Dangerous Driving?
The police will want to interview the driver in almost every case involving a serious injury. It is therefore imperative that you have a representative with you at the police station when the interview takes place.
Approaching the interview in the correct manner can be the difference between being charged with the offence and the police deciding to take no further action against you. It can sometimes result in the police choosing to charge you with the lesser offence of Careless Driving.
We therefore strongly urge that you get in touch as soon as possible if you find yourself in this position as we will be well-placed to give you the best advice possible from the earliest stage in the process.
If you are charged
If you are ultimately charged with the offence of causing injury by dangerous driving, there are numerous issues that must be considered, such as the veracity of the Crown’s evidence and the possibility of instructing our own expert to challenge the police findings.
Each case is different and must be judged on its own merits; however, it is important that any potential defence is identified and explored as soon as possible.
Potential defences
If you choose to instruct our specialist motoring defence solicitors, we will carefully examine the prosecution’s evidence to identify whether a defence can be advanced.
In cases like this, potential defences could be that the injuries sustained do not qualify as “serious injury” and/or that the driving in question was not dangerous.
Should there be grounds to challenge the prosecution’s case, we will provide guidance after conducting a thorough review of the evidence.
Who we are
At JHR Solicitors, we specialise in all aspects of motoring offences, including causing injury by dangerous driving. With years of extensive experience defending clients from diverse backgrounds, we are the ideal choice to help you with any motoring-related issue. Our team has successfully managed cases before the High Court and handled a variety of complex traffic charges.
While our firm is based in the Greater Manchester area, we represent clients across the country.
If you are under police investigation for causing serious injury by dangerous driving, please don’t hesitate to contact us. We would be more than happy to discuss your case in detail and explain how we can assist you.
John Ruane
Your Expert Dangerous Driving Solicitor
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What must be proven for a conviction?
To secure a conviction for causing injury through dangerous driving, the Crown must establish two key elements.
First, they must demonstrate that your driving was indeed dangerous.
Second, they need to prove that another person suffered a “serious injury” as a direct result of your dangerous driving.
According to Section 1A(2) of the Road Traffic Act, “serious injury” is defined as physical harm that amounts to grievous bodily harm under the Offences Against the Person Act 1861. This means the Crown must provide evidence of serious injuries such as permanent disability, loss of sensory function, or visible disfigurement, which may include broken bones, fractures, or damage to facial structures like the jaw or cheekbone.
If the injury does not meet the threshold of “serious injury,” the Crown can still prosecute for dangerous driving. In such cases, while a conviction for dangerous driving may be secured, the nature of the injury could still be presented as an aggravating factor during sentencing.
What classifies as Dangerous Driving?
Examples of dangerous driving include:
- becoming distracted by using a mobile phone when driving,
- driving a defective vehicle that you know to be unsafe,
- driving in an aggressive manner, and
- undertaking other vehicles.
There is no exhaustive list of examples of “dangerous” driving, the test that the Court will always apply will be to question if the standard of driving fell so far below that of a competent driver that it would be deemed dangerous.
What are the penalties for Causing Injury by Dangerous Driving?
As mentioned above, the maximum penalty the Court can impose is a custodial sentence of 5 years.
Furthermore, the Court are bound to impose a minimum driving ban of 2 years with a requirement to pass an extended retest at the conclusion of the ban.
Which Court will I be tried in?
The offence can be tried in either the Magistrates’ Court or the Crown Court.
If the case is heard in the Magistrates’ Court, the maximum sentence for a single triable-either-way offence is 6 months’ imprisonment. However, if the case is taken to the Crown Court, the maximum penalty can be up to 5 years.
In many instances, the Magistrates tend to decline to handle the case due to their limited sentencing authority, resulting in the matter being tried by a jury in the Crown Court.
It is important to note that if you have not yet been charged with an offence, involving an expert solicitor at this early stage can significantly influence how the case progresses.
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Our fees
We would always urge you to check your car insurance policy to check if you have Legal Expenses Insurance (LEI). If so, your insurer could fund your legal fees in relation to the matter.
If you do not have LEI, or do not wish to use your policy, we offer fixed fees for our services.
Frequently Asked Questions
Will I get a driving ban?
A conviction for the offence carries a mandatory minimum driving ban of two years.
What happens if I plead guilty to causing serious injury by dangerous driving?
If you plead guilty, you will be afforded maximum credit and a reduction of 33% from any custodial sentence. An early guilty plea can sometimes be the difference between the Court imposing an immediate prison sentence and a suspended sentence.
Does dangerous driving go on a criminal record?
Yes, the offence is a criminal conviction that will go on a criminal record.
Should I plead guilty?
This will depend on the facts of the case and whether there are any defences available. We will carry out a thorough review of the evidence in your case and advise you accordingly.
Driving Offences