Causing death by dangerous driving

The most serious motoring offence, causing death by dangerous driving, has a maximum punishment of 14 years' imprisonment and a two-year driving ban, followed by mandatory re-taking of a driving test. The offence was defined in the Road Traffic Act 1991 as an alternative to motor manslaughter.

For a prosecution to succeed, the instance of dangerous driving has to be the reason for death, although it does not have to be the only one.

The definition of dangerous is something which is not completely clearly set out in law but described as obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous'. It is for the court to decide if the standard of driving is far below the standard expected of a careful and competent driver.

Crown Prosecution Service guidelines state that it is someone's behaviour which should be the deciding factor for prosecutors rather than the consequences of their behaviour.

Examples of behaviour which may come under this definition include racing, overly aggressive driving, excessive speeding, knowingly driving a vehicle in a dangerous condition, using a mobile phone and ignoring road signs or traffic lights.

A single lapse of bad driving without recklessness or complete disregard for safety is likely to be less severely viewed by the court than if the driver had previous convictions, was continuously driving dangerously, at very high speeds or failing to stop for police.

Although conviction following a short-lived incident of dangerous driving may result in a lesser punishment than an aggravated case of causing death by dangerous driving, every defendant needs the services of an experienced motoring legal team to provide the best representation at all levels of the judicial process.

The Road Safety Act 2006 has introduced two new offences, of "causing death by careless, or inconsiderate driving" and a distinct offence for causing (any) death by driving when unlicensed, or disqualified.

If there are any issues in this article that concern you then more detailed and specific advice relevant to your particular situation can be given through our fixed fee advice scheme. We will consider all the relevant documentation provided to us and can then advise you over the phone.

Unlike other organizations, you will be able to speak to an experienced lawyer who has actually represented defendants in Road Traffic Offence cases in court. That person will be either a senior solicitor or a Partner in this firm. The advice will then be confirmed in writing. You can, of course, choose to instruct us to represent you in relation to your case and we are able to cover road traffic cases on a national basis.

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