Van Driver Not Guilty Of Causing Death By Dangerous Driving

An extremely sad case where this driver, represented by Harry Bowyer, hit and killed a 42 year old woman who was riding an electric bicycle home from work in the early hours of the morning. The van driver, also returning from work, was driving within the speed limit, on his own side of the road and was not distracted by mobile phone or other device.

Neither the driver nor the deceased had been drinking or taking drugs. The driver could not explain why he had not seen her especially considering that she was using lights and had a reflective jacket. (Described by one witness as, “lit up like a Christmas tree.”)

At the first appearance in the Crown Court the driver was charged with Causing Death by Dangerous Driving. He tendered a plea of Causing Death by Careless Driving which was not acceptable to the prosecution.

The defence commissioned an expert’s report which persuaded the prosecution expert that the cyclist would not have been in sight for as long as the prosecution expert first thought.

The prosecution contacted the defence a week before the trial and accepted the proffered plea of Causing Death by Careless Driving. No evidence was offered on the Count of Causing Death by Dangerous Driving and a Not Guilty verdict was entered.

The driver benefited by his early offer of a plea to the appropriate charge and was sentenced to 24 weeks imprisonment suspended for 2 years with one years disqualification. (Had he been convicted of Causing Death By Dangerous Driving then the starting point, after a trial, would have been in the region of 4 years immediate imprisonment.)