
Serious/Severe Injury
Driving Defence
Expert, compassionate legal representation for the most severe road traffic allegations in Scotland.
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Defending Serious Injury and Fatal Driving Charges in Scotland
Being involved in a collision that results in serious injury or a fatality is a deeply traumatic experience. Charges such as Causing Death by Dangerous Driving, Causing Death by Careless Driving, and Causing Serious Injury by Dangerous or Careless Driving are the most severe road traffic offences in Scots law. Due to their gravity, these cases are prosecuted aggressively and are typically heard at the Sheriff Court or High Court level.
Penalties and Consequences — The penalties for these offences are life-altering. Causing death by dangerous driving now carries a maximum sentence of life imprisonment, alongside mandatory driving disqualifications of at least five years and an extended re-test. Even the lesser charge of causing serious injury by careless driving can result in a custodial sentence and a significant driving ban. The consequences for your liberty, family life, and employment are profound.
Challenging the Evidence — Defending these highly complex cases requires a forensic, multidisciplinary approach. We collaborate with industry-leading collision investigators, medical experts, and vehicle examiners to rigorously scrutinize the Crown's evidence regarding speed, vehicle dynamics, and causation. A critical element of your defence often involves proving that the standard of driving was not legally dangerous or careless, or demonstrating that an unforeseeable external factor was the primary cause of the tragic outcome.
Act Quickly — Immediate Legal Intervention is Crucial — If you are under investigation or have been charged following a major collision, you must seek specialist legal representation immediately—ideally before any police interview. Charles Ferguson provides unwavering support, strategic advice, and robust representation throughout the entirety of the legal process. Contact us immediately for a confidential, urgent consultation to protect your rights and your future.
Testimonials
Thanks to Jackson and everyone at Charles Ferguson. Really helpful and professional service — I felt in very safe hands.
Private Client — Drink Driving Charge, Glasgow



Frequently Asked Questions
Answers to our most common questions.
What is the drink drive limit in Scotland?
In Scotland the limit is 22mcg of alcohol per 100ml of breath, 50mg per 100ml of blood, or 67mg per 100ml of urine — stricter than England and Wales.
Can I lose my licence for a first drink driving offence?
Yes. A minimum 12-month disqualification applies for a first offence. The court has limited discretion below the statutory minimum.
Can I challenge a breathalyser result?
Yes. The calibration, maintenance, and operation of breath analysis devices must meet strict legal requirements. Any procedural failure can be challenged.
What is the hip flask defence?
The hip flask defence applies where you consumed alcohol after driving but before the breath test was taken. It must be supported by credible evidence.
Will I go to prison for drink driving?
Imprisonment is possible for serious offences, particularly repeat offending or where an accident occurred, but is not automatic for a first offence.
Can I still drive while my case is pending?
Yes. Legal Aid entitles you to choose your own solicitor. You are not limited to a duty solicitor.
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