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In this article, we delve into the intricacies of defending against charges of Death by Dangerous Driving in Scotland. Our aim is to provide reassurance, provide guidance, and highlight the options available to individuals facing such charges.
As the number of drivers on Scotland’s roads continues to rise, there is an increasing focus on preventing and prosecuting road traffic infringements. In 2017, a tragic incident occurred when Tomasz Kroker, a lorry driver, crashed into stationary traffic. This resulted in the deaths of four individuals and caused serious injuries to others. Subsequent investigation revealed that he had been distracted by selecting music on his mobile phone at the time. This makes the seemingly mundane act of using a mobile phone whilst driving the cause of the accident and deaths.
Had the driver been caught using his mobile phone before the accident, he would likely have faced a charge of “using a mobile phone while driving.” This would have resulted in six points on his licence and a £200 fine in Scotland. However, due to the devastating outcome of his actions, he was ultimately sentenced to 10 years in prison for causing death by dangerous driving.
This case highlights the significant difference in the consequences that one’s actions can have on the severity of the imposed sentence.
In Scotland, dangerous driving is defined as driving that falls below the standard of a competent and careful driver with an obvious disregard for the safety of others. It is an offence to drive dangerously or carelessly without due care, attention, or reasonable consideration for other road users. However, cases of driving-related death or serious injury may result in up to 14 years imprisonment. This is true regardless of whether it was intentional or not.
Even if an accident does not occur, it is important to note that driving dangerously or carelessly on a road or in a public place can potentially result in a prison sentence of up to two years on indictment. If someone dies as a direct consequence of such behaviour, they can receive a lengthy custodial sentence as well as the loss of their driving licence.
Remember, even if you are guilty, you have more options than you think.
These are a few strategies to ensure the best possible outcome following such an unfortunate incident.
When faced with charges of death by dangerous driving, the consequences can be severe, impacting both your liberty and livelihood. It is imperative to seek professional legal assistance to protect your rights and mount a robust defence.
At Scullion LAW, our experienced Road Traffic Lawyers are dedicated to helping you navigate the legal process and achieve the best possible outcome. Don’t face these charges alone!
Contact us today to secure the expert representation you deserve.
Call our expert Road Traffic Defence Team in Glasgow at 0141 374 2121 or Hamilton at 01698 283 265. Alternatively, you can fill out our enquiry form, and we will promptly return your call.
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