Fatal Road Traffic Collisions
Being Charged or Investigated following a fatal road traffic accident is one of the most serious situations a person when driving can face. The consequences can include imprisonment, lengthy driving disqualifications, loss of employment and life-changing personal circumstances.
At Charles Ferguson Solicitors we provide tailored criminal road traffic representation for clients charged with causing death by careless driving or causing causing death by dangerous driving. We understand that these cases are highly emotive and often involve complex expert evidence, collision investigations and detailed legal submissions. Our role is to defend safeguard your legal position from the earliest stage of the investigation to ensure that all defences are presented in order that the best outcomes can be achieved for your licence and livelihood.
Causing Death by Careless Driving — Causing death by careless or inconsiderate driving is an offence under s2B of the Road Traffic Act1988. In these cases the Crown must prove: - The accused was driving at the material time - That the standard of driving fell below that expected of a competent and careful driver - The careless driving caused the death of the other party. The penalties can be extensive in these cases including extensive driving bans we ensure our client’s interests are robustly represented and the best outcome is achieved for our clients ensuring our client’s position is thoroughly explained in court to achieve the best and most lenient outcome for our client.
A strong defence requires detailed analysis of the prosecution evidence, including; reviewing collision reports, examining all available video footage, instruction of independent road trafficexperts and analysis of vehicle data. In some cases the issue in dispute may not be that the collision occurred, but whether the accused’s manner of driving amounted to careless driving in law.
Our firm have strong relationships with such expert witnesses and are able to utilise them to defend our clients position.
Charles Ferguson solicitors are routinely instructed in such matters guiding our clients through often complex proceedings. We ensure that the best case is presented to achieve the best outcomes possible.
Causing Death by Dangerous Driving — Causing death by dangerous driving is prosecuted under s1 of the Road Traffic Act 1988 and isperhaps the most serious road traffic charge. It differs from that of s2B of the Road Traffic Act1988 (causing death by careless driving) in that the allegation suggests that the manner of driving displayed was more serious in its culpability.
In such cases the standard of driving fell far below that expected of a competent and careful driver and that it would be obvious to a competent and careful driver that driving in that way would be dangerous. Given the severity of the charge the disposals can be significant. Cases of this nature involve extensive forensic and technical evidence. At Charles Ferguson Solicitors, we engage early with the prosecution, conduct detailed reviews of any Crown Expert Witness Reports and instruct and involve our own expert witnesses. We routinely defend Road Traffic Fatalities at all levels of the Criminal Justice system, often involving Senior Counsel (KCs) to defend our clients interests. Criminal Investigations involving fatalities at the road side need urgent and immediate support. Early legal representation ensures the best possible outcomes and case progression.
By instructing Charles Ferguson Solicitors from the outset our clients ensure that their legal rights are defended from the outset. We defend our client’s by providing police interview advice and representation, initiating defence investigations including analysis of any vehicles or phones, instructing collision reconstruction experts and conducting locus inspections.
Our clients are assured throughout the process that our legal team understand the seriousness and sensitivity of these cases and ensure their legal position is protected seeking to achieve the best result and outcomes for our clients throughout the case.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.