How can I win a dangerous driving occasioning death case? How can I get the case dropped or thrown out of court? What are the defences?
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Transcript:
You may be able to beat a charge of dangerous driving occasioning death if there is insufficient evidence against you. That is, if the prosecution cannot prove beyond reasonable doubt that you were the driver of the vehicle, or that your manner of driving was dangerous under the law, or that there was an impact as required by the legislation, or that impact caused the death. Now a good lawyer would be able to write to the prosecution in any of those circumstances and formally request for the withdrawal of the charge or reduction of the charge to less serious charge, such as a negligent driving category offence. If the prosecution refuses, then a lawyer will be able to fight to have the case thrown out of court. The second way to defend the charge is through raising what’s called a specific defence. And commonly used defences include, one, duress, and this is where you are threatened or coerced into driving in a dangerous manner. The second is necessity, and this is where you drove in a dangerous manner to avoid serious injury or death, for example if you drove someone to a hospital in an emergency situation. Thirdly, honest and reasonable mistake of fact, that is, where you had an honest and reasonable belief that your manner of driving was not dangerous. The court can consider a whole range of matters when deciding whether you were driving in a dangerous manner at the time. They might include factors connected with the management and control of the vehicle, for example the speed, or the way in which you were driving, the road conditions at the time, for example the time of day, how busy the road was, the type of road surface, the weather, and the general area the vehicle was being driven, any possible mechanical defect which may have made the vehicle unsafe or dangerous to drive, for example faulty breaks, and any evidence of intoxication.
