Causing Death by Uninsured, Unlicensed or Disqualified Driver

Sometimes road deaths can be caused by no fault of the driver involved. Usually a blameless driver will not be charged with a criminal offence. The exception to the rule is when the driver is not insured, does not have a driving licence, is not complying with their licence or is disqualified from driving. The penalties can be serious.

If the police have accused you of causing death by driving when you are not insured, unlicensed or disqualified and you want to challenge the case against you, I may be able to help. If you are thinking of pleading guilty to causing death by driving when uninsured, unlicensed or disqualified and you want advice, I can help with that too.

Also Known As

  • Causing death by no insurance
  • Causing death by banned driving
  • Causing death by disqualified driving
  • Causing death when driving otherwise than in accordance with a licence

Do Not Confuse With

  • Causing death by dangerous driving (a more serious charge)
  • Causing death by careless or inconsiderate driving

Penalties for Causing Death by Uninsured, Unlicensed or Disqualified Driver

The maximum sentence for causing death by uninsured, unlicensed or disqualified driver is:

  • 2 years in prison
  • A minimum driving disqualification of 12 months

Sentencing Guidelines

When a Magistrates’ Court sentences someone for causing death by an uninsured, unlicensed or disqualified driver they use these guidelines.

Examples of nature of activity Starting point Range
Careless or inconsiderate driving arising from momentary inattention with no aggravating factors Medium level community order Low level community order to high level community order
Other cases of careless or inconsiderate driving Crown Court High level community order to Crown Court
Careless or inconsiderate driving falling not far short of dangerous driving Crown Court Crown Court

Read this post to find out more about how sentencing guidelines work.

Crown Court or Magistrates’ Court?

Causing death by uninsured, unlicensed or disqualified driver trials and guilty pleas can be dealt with in the Magistrates’ Court and the Crown Court.

Things I Look Out For in a Causing Death by Unlicensed, Uninsured or Disqualified Driver Case

  • Is there any evidence that the accused was driving
  • Errors in procedure by the police
  • Errors in procedure by the prosecution
  • Is it possible to negotiate a charge of no insurance, unlicensed driving or disqualified driving
  • Was there something about the accused’s driving that was open to criticism if not then the driver will have a defence
  • Are there any breaks in the chain of causation between the driving and the death
  • If the driver is pleading guilty is there some important mitigation that can reduce the sentence

Find Out More

Unsure If You Need Legal Representation for Causing Death by Uninsured, Unlicensed or Disqualified Driver?

Before you decide if you need a solicitor, call me or request a call back under no obligation.

 

Photo A38 to Exeter by Highways Agency