Case study summary
Our client was a woman of good character who faced the risk of prison due to causing serious injury by dangerous driving. After pleading guilty at the earliest opportunity, we prepared significant mitigation which led the judge to issue a community order rather than imprisonment.
Case study
We were contacted by our client after she was charged with causing injury by dangerous driving. As someone of previous good character, who had no recollection of the collision, she was distressed and petrified of how this would impact her future.
Following a thorough review of the evidence, it was clear that our client had veered off into the opposing lane of a dual carriageway. It was a road she knew well. As we traced her steps back, we were able to establish that she had stopped to put petrol in her car before re-joining the road in question. Thereafter, she had no memory of the collision. In our experience, medical enquiries can provide explanations for memory loss which may lead to a defence or mitigation. Our client did not want to make these enquiries. She had accepted the evidence of the prosecution case and was clear she wanted to plead guilty despite having no positive memory of driving dangerously. Our client was devastated for causing the injuries sustained by the opposing driver. She felt strongly about accepting her actions to provide closure to them.
Due to the manner of her driving, and the life changing injuries caused to the oncoming driver, our client was at risk of a prison sentence. We worked to prepare a robust package of mitigation which evidenced her remorse, previous good character, exemplary record as a driver for the past 12 years and a delay of three years which was no fault of her own.
We also produced evidence of the injuries she too had sustained, which included severe abdominal bleeding requiring her gall bladder to be removed. Whilst recovering from the collision, our client participated in a clinical trial designed to help patients of serious collisions return to work. She had taken one of the most devastating days of her life and used the consequences of it to help others, which the court held in high regard.
On the day of sentence, the judge took an exceptional course and sentenced our client to a community order. The hope was that in doing so, it would be less likely for her to lose her current job. The judge went further and provided a letter to explain their view on sentence and indicate that she should retain her employment.
As a result of the sentence passed, our client was able to continue rebuilding her life following the accident. She no longer feared losing the future she had worked so hard to accomplish.
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