If you have been charged with causing Death by Careless Driving with drink/ drugs you must be aware that a conviction will most likely result in a period of imprisonment and disqualification.The court will view it that you choose to drive and accordingly Death by Careless Driving with drink/drugs is regarded very seriously. It is the exceptional case that will result in a non custodial sentence.If the drugs are prescribed then that may be one of the exceptions.
Road Traffic Act Section 3A: Causing death by careless driving when under influence of drink or drugs
If a person causes the death of another person by driving a vehicle without due care and attention, or without reasonable consideration for other persons using the road or place, and –
he is, at the time when he is driving, unfit to drive with drink or drugs, or
he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or
he is, within 18 hours after that time, required to provide a specimen… but without reasonable excuse fails to provide it
– he is guilty of an offence
The penalty for Death by Careless Driving with drink and drugs is as follows; disqualification is mandatory and a prison sentence of up to ten years or a fine, or both can be imposed. If you are found to be unfit through drink or drugs after a fatal accident then it would be realistic to expect some form of sentence of imprisonment.
If you are involved in a accident the morning after you have been drinking and despite the fact its minor ,if the other person dies you will be charged with causing death by careless driving as a result of being unfit though drink or drugs.
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