Causing Death by Careless Driving when under the influence of drink or drugs

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Offence

The offence is committed following the death of another person when you have been driving carelessly, or without reasonable consideration, and whilst either unfit to drive the vehicle through drink or drugs or with excess alcohol.

In addition , the offence can be committed where the death occurs (in the circumstances above) and you have subsequently failed, without reasonable excuse, to provide a specimen for analysis.
For the definition and comments on careless driving, see Careless and Inconsiderate Driving.

Defences

Defences can be factual as to whether your driving was careless, or technical, as to whether there are any breaches of the procedures in obtaining the specimens for analysis.

Punishment

These cases can only be tried in the Crown Court as they are too serious for the Magistrates’ Court.
The maximum penalty the Court can impose is 14 years imprisonment and a fine or both and the minimum disqualification is 2 years with a compulsory extended re-test.