Being investigated or prosecuted for death by dangerous driving does not automatically mean you will be found guilty. Each case depends on its own facts, the quality of the evidence and how the law is applied to the circumstances of the road traffic accident. In some situations, it may be possible to defend the charge, while in others there may be an opportunity to reduce the seriousness of the allegation and achieve the best outcome within the legal proceedings.

Under criminal law, the prosecution must prove beyond a reasonable doubt that the driving was dangerous and that it caused the death. This involves showing that the driving fell far below the standard expected of a competent and careful driver, and that it would have been obvious to a competent driver that the manner of driving was dangerous. As such, in some cases there is scope to defend an allegation.

Here, the motoring offence solicitors at JMW consider the ways it is possible to defend and mitigate a death by dangerous driving charge.

How Dangerous Driving Is Assessed

In many dangerous driving cases, the central issue is how the driving is characterised. Driving that involves a serious error, distraction or misjudgement does not always amount to dangerous driving. In some circumstances, behaviour may fall into the category of careless or inconsiderate driving rather than driving dangerously. This distinction is critical, as death by careless driving carries a very different sentencing framework to death by dangerous driving, including a lower maximum sentence.

To secure a conviction for death by dangerous driving, the Crown Prosecution Service must establish that the defendant was driving a mechanically propelled vehicle dangerously, contrary to the Road Traffic Act. This includes situations such as driving whilst distracted, ignoring traffic lights or road signs, driving aggressively, exceeding the speed limit, or using a mobile phone while driving. The court will consider whether the driving was dangerous in all the circumstances, not simply whether an accident occurred.

The prosecution in these cases often relies on evidence such as witness statements, collision investigation reports, CCTV or dashcam footage, and expert analysis of speed, braking and vehicle condition to prove a death by dangerous driving charge. As such, it is important to instruct a defence solicitor at the earliest stage of an investigation to challenge evidence and mount your defence. If possible, the instruction of an expert motoring defence solicitor at interview stage can be integral to the future case development.

The team at JMW will look to examine this evidence in detail, challenge weaknesses or assumptions, and put forward alternative explanations that may undermine the prosecution’s case, or reduce the seriousness of the charge and any resulting penalty.

Common Defence Issues in Dangerous Driving Death Cases

There are several ways a defence may arise in a death by dangerous driving case. These can include, but are not limited to:

• Challenging whether the driving met the legal threshold for dangerous driving.
• Questioning whether the alleged dangerous behaviour caused the death.
• Examining whether external factors played a role, such as dangerous conditions on the road, mechanical failure, or the actions of another road user.
• Considering whether a more appropriate charge is ‘careless’ opposed to ‘dangerous’ driving, and advocating for the same.

Depending on the particulars of the case, mitigating factors can include the driver’s good driving record, lack of previous convictions, age/ lack of maturity, and whether the behaviour was knowingly dangerous or the result of a brief lapse in concentration.

The Importance of Early Legal Advice

Seeking legal advice at an early stage can make a meaningful difference. A solicitor from JMW can advise you before a police interview at the police station, prepare responses and make sure you don't say anything that could damage your position – significantly, what is said during a police interview can later be relied upon during court proceedings.

In some cases, it is important to set out your defence at interview stage, in order to protect your position. This is particularly relevant if you are guilty of careless driving, but do not accept guilt for dangerous driving. In other cases, particularly where the police do not yet have sufficient evidence, it is important to obtain proper advice on your right to silence, and the consequences if you make this decision.

On occasion, after reviewing the prosecution’s case, a guilty plea may be advised if the evidence is strong and there is little prospect of successfully defending the charge. Even then, an expert solicitor can present mitigating factors, argue against the most severe penalties, and seek a lesser sentence than would otherwise be imposed. Even with a guilty plea, the motoring offence team at JMW has helped clients who were facing a potential custodial sentence of up to 14 years to secure a suspended sentence instead.

Possible Outcomes if You Are Found Guilty

If you are found guilty of causing death by dangerous driving, the court has the power to impose severe penalties, including a custodial sentence and a lengthy driving disqualification. The maximum penalty includes life imprisonment, although the sentence imposed will depend on the seriousness of the offence, the presence of aggravating factors and any mitigation.

Not all cases result in the maximum sentence, and the court must consider all relevant circumstances. It is very important that if you are to be sentenced for a death by dangerous driving offence, your mitigation (particularly the impact on you and those around you should you be imprisoned) be presented to the court clearly and persuasively. 

A motoring offence solicitor can present all mitigating circumstances on your behalf; influencing and encouraging a more lenient sentence.