Our specialist driving offence solicitors in Leicester recently advised and represented a client who was voluntarily interviewed under caution in relation to an allegation of causing serious injury by careless driving which resulted in an elderly man suffering a broken neck.
The Allegation
The incident occurred when a Mercedes G-Wagon was said to have switched lanes carelessly, allegedly causing a bus to brake sharply. As a result of the emergency stop, an 87-year-old passenger, sustained a broken neck.
There was no collision between the vehicles, but CCTV footage captured the G-Wagon cutting across the path of the bus. The registered keeper of that vehicle – our client – was invited to attend a voluntary police interview instead of being arrested further to representations made to the Police.
Our Representation
Sahota & Sahota Solicitors were instructed prior to the interview and provided immediate advice on the burden and standard of proof. We explained that in order to convict for causing serious injury by careless driving contrary to section 2C of the Road Traffic Act 1988, the Prosecution must prove beyond reasonable doubt that:
- The defendant drove a mechanically propelled vehicle on a road or public place;
- The driving fell below the standard of a careful and competent driver; and
- That driving caused a serious injury to another person.
It is worth noting that causing serious injury by careless driving became an offence in England and Wales on June 28, 2022, following the Police, Crime, Sentencing and Courts Act 2022. This new offence was created because previous charges of simple careless driving did not reflect the severity of life-changing injuries that could result from a lapse in attention.
Our client was advised on the evidential requirements and the significance of both the council CCTV and internal bus camera footage which were shown during interview. We also ensured the interview was conducted voluntarily, without the client being placed under arrest, maintaining their liberty throughout the process.
Following our detailed legal representations and the client’s cooperation, Leicestershire Police confirmed No Further Action the day following the interview, bringing the matter to a swift and positive conclusion.
Does Early Legal Advice Makes a Difference? Yes!
Many people underestimate the importance of obtaining early advice when contacted by the police. Even when an interview is voluntary, you are still under caution and anything said can be used in court.
Having an experienced solicitor present ensures that:
- Your rights are protected;
- You are fully aware of the evidence and potential offences; and
- The police can be properly challenged if the evidential threshold is not met.
In this case, early involvement from our team helped secure a No Further Action decision within 24 hours – avoiding arrest, charge, or court proceedings.
Specialist Road Traffic Solicitors Leicester
At Sahota & Sahota Solicitors, our driving offence lawyers represent clients across Leicester, the East Midlands and nationally facing allegations such as:
- Causing serious injury or death by careless or dangerous driving
- Drink or drug driving
- Failing to stop or report an accident
- Careless or inconsiderate driving
We provide 24-hour police station representation, early advice and strong advocacy in both the Magistrates’ and Crown Courts.
You can call or WhatsApp us on 01162 555155
Visit us: Sahota & Sahota Solicitors, 25 New Walk, Leicester, LE1 6TE
