Facing a motoring offence charge can feel overwhelming. With changes to sentencing under the Police, Crime, Sentencing and Courts Act 2022, penalties are now tougher than ever, especially for offences involving death or serious injury. If you’re in this situation, understanding what to expect and having the right support is crucial.
Chrissy O'Connor of LMP Legal explains the changes in sentencing for fatal road traffic offences.
What Sentencing Could You Face?
The changes mean harsher penalties for offences like Causing Death by Dangerous Driving, which now carries a maximum sentence of life imprisonment for offences committed after 22 June 2022. With the Courts following stricter sentencing guidelines, even the least severe cases rarely escape an immediate custodial sentence.
Here’s what you could be looking at:
Custodial Sentences: A starting point of 3 years’ custody for the least serious cases
Driving Bans: A minimum 5-year disqualification, plus a compulsory extended re-test to get your licence back
Professional Drivers: If you hold an LGV or PCV licence, you could face extended bans or even permanent revocation of your entitlement by the Traffic Commissioner
These penalties can have a profound impact on your life and livelihood, which is why getting the right legal support is essential.
How the Court Decides
For driving to be classified as “dangerous” it must fall far below the standard expected of a careful and competent driver and be obviously dangerous. The Court will assess how much responsibility—or culpability—you bear for the incident.
Examples of higher culpability include:
Prolonged use of a mobile phone or other device.
Racing or driving competitively.
Driving significantly above the speed limit.
Lack of attention for a prolonged period.
If your driving is deemed “careless” as opposed to dangerous, the penalties are typically lighter, but they still carry significant consequences for anyone facing them.
Why Specialist Representation Matters
The distinction between “dangerous” and “careless” driving isn’t always clear-cut. Shared culpability factors, such as driving impaired by alcohol or drugs, driving whilst deprived of adequate sleep, and driving at inappropriate speeds, make it critical to ensure the correct offence is charged.
Other shared culpability factors are only distinguished between the two offences by the degree of impairment, such as driving whilst impaired due to a known medical condition, or driving whilst significantly impaired due to a known medical condition.
Without expert legal representation, you risk being charged with a more serious offence than is warranted—or facing a tougher penalty than necessary.
How You Can Protect Yourself
If you’re facing a serious motoring offence charge, here’s how you can take control of the situation:
Get Expert Legal Advice: A solicitor specialising in motoring offences can guide you through the process, from understanding the charges to building your defence.
Understand the Penalties: Knowing what you’re up against helps reduce uncertainty and prepare you for the road ahead.
Build a Strong Case: Evidence such as dashcam footage, witness statements and medical records can make a significant difference.
Why Choose LMP Legal?
At LMP Legal, we understand how daunting it is to face these charges and the devastating impact they can have on your future. With decades of experience in motoring law and access to leading barristers and expert witnesses, we’re here to fight your corner.
Our team specialises in ensuring charges are appropriate and penalties are fair, helping you achieve the best possible outcome. We’ll be with you every step of the way, providing clear advice and robust representation.
If you’re facing charges or just need advice, don’t hesitate to reach out. We’re here to help.
Comments