Causing Death by Dangerous Driving
Killing someone as a result of dangerous driving is a serious motoring offence and carries grave penalties that could irreparably damage your reputation, relationships and career. If you are being investigated for causing death by dangerous driving in the UK, you need expert legal support to protect your rights and defend your case.
What Constitutes Dangerous Driving?
The offence of dangerous driving involves driving far below the expected minimum standard, such that a careful and competent driver would immediately know it is dangerous. As defined in Section 2A of the Road Traffic Act 1988, this could include racing, speeding, ignoring traffic lights or overtaking aggressively.
Driving dangerously and consequently killing another driver or a pedestrian is a distinct criminal offence. Under Section 1 of the Road Traffic Act 1988, causing death by dangerous driving in the UK is an indictable-only offence, which means cases are heard by a judge and a public jury in the Crown Court.
The maximum sentence for this offence is life imprisonment, but the typical term ranges from 2 to 18 years. If convicted of causing death by dangerous driving, you will be disqualified from driving for at least 5 years and made to take an extended re-test before your full licence is reinstated.
Sentencing Guidelines for Causing Death by Dangerous Driving
The sentencing guidelines for causing death by dangerous driving aid the court in tailoring the penalty to the severity of the individual offence. When calculating a sentence, the court considers your level of culpability, i.e. the action that constituted dangerous driving, as well as potential aggravating and mitigating factors.
Culpability Categories
There are three culpability categories, ranging from high (A) to medium (B) to C (low).
A:
- You decided to ignore the rules of the road and the risk of danger to others
- Your dangerous driving was prolonged, persistent and deliberate
- You performed an obviously highly dangerous manoeuvre
- You made prolonged use of a mobile phone or other electronic device
- Your speed significantly exceeded the speed limit or was highly inappropriate for the road or weather conditions
- You were driving while highly impaired by the consumption of alcohol and/or drugs
- You were driving dangerously while fleeing the police
- You were racing or driving competitively with another vehicle
- You persistently disregarded the warnings of others
- You failed to pay attention to driving for a substantial period of time
B:
- You made prolonged use of a mobile phone or other electronic device (where not culpability A)
- Your speed significantly exceeded the speed limit or was highly inappropriate for the road or weather conditions (where not culpability A)
- You were driving while highly impaired by the consumption of alcohol and/or drugs (where not culpability A)
- You were driving while significantly impaired by a known medical condition and/or disregarding advice relating to the effect of a medical condition or medication
- You were driving while deprived of adequate sleep or rest
- You were driving knowing that your vehicle had a dangerous defect or load
- You disregarded the warnings of others
- Your culpability falls between A and C
C:
- Your standard of driving was just over the threshold for dangerous driving
Aggravating and Mitigating Factors
The presence of certain aggravating and mitigating factors can have a significant bearing on your sentence and the court’s view of the offence.
Potential aggravating factors include:
- You have previous convictions related to this offence
- You committed the offence while on bail
- You committed the offence while on licence or while subject to court orders
- You committed other offences alongside causing death by dangerous driving
- The victim was a vulnerable road user, such as a pedestrian, cyclist or motorcyclist
- As well as the fatality, your dangerous driving caused serious injury to others
- You were driving for commercial purposes
- You were driving a goods vehicle
- You wrongly placed the blame on others
- You failed to stop at the scene
- There were passengers in your vehicle at the time of the incident
- Your vehicle was poorly maintained
Potential mitigating factors include:
- You have no previous, relevant or relevant convictions
- Your driving record is otherwise good
- The actions of the victim or a third party contributed significantly to the collision or death
- Your driving inexperience led to the incident rather than irresponsibility
- Your actions were due to a genuine emergency
- You attempted to assist or seek assistance for the victim
- You are remorseful
- The victim was a close friend or relative
- You have a serious medical condition requiring urgent, intensive or long-term treatment
- You have a mental disorder or learning disability
- You are the sole or primary carer for dependent relatives
- You are pregnant or have given birth in the last 12 months
- You have a difficult or deprived background or personal circumstances
- You are the sole or primary carer for dependent relatives
- Your age and/or lack of maturity (which may be applicable to offenders aged 18–25)
- You are in or have a realistic prospect of starting work, education or training
Defences for Causing Death by Dangerous Driving
There is an inevitable overlap between dangerous driving and causing death by dangerous driving defences, although the latter has obvious additional serious case elements. When defending against allegations of causing death by dangerous driving in the UK, it is vital to have specialist legal representation to advocate for you in court. When you choose Newtons Solicitors, we could recommend several potential defences:
Mechanical failure
A sudden malfunction in your vehicle caused you to lose control and collide with another vehicle or a pedestrian. For this defence to succeed, you must prove that you had no prior knowledge of the defect and that no reasonable person would have noticed it during routine maintenance.
Medical emergency
You experienced a sudden and unforeseeable medical episode. Again, for this defence to work, you cannot have had any reason to suspect that such an episode could occur, i.e. you do not knowingly have a condition that causes spontaneous loss of consciousness or motor control, and you are not taking any medication that could cause similar side effects.
External factors
Your driving ability was impaired by specific environmental or situational factors, such as being suddenly blinded by the sun or losing control in a spontaneous downpour. Again, it must have been impossible for a competent driver to reasonably anticipate or avoid the external factors.
No causation
It is sometimes possible to show that the fatality did not occur due to dangerous driving on your part, but instead:
- The victim’s own actions: The other driver or pedestrian swerved or stepped into your path so suddenly that it was impossible for a competent driver to react in time.
- Third-party intervention: Another driver’s reckless or intervening action broke the chain of causation between your driving and the fatality.
- An unavoidable accident: Even if you had been driving perfectly, the collision and resulting death would still have occurred.
Momentary lapse
Your legal team may see an opportunity to establish lower culpability by arguing that you are responsible for careless driving rather than dangerous driving. Under Section 3 of the Road Traffic Act 1988, careless driving is defined as driving below the standard of a competent driver due to mistakes or lapses in concentration. Causing death by careless driving is a slightly less serious offence and, as such, carries less severe penalties.
Obtain Representation from Death by Dangerous Driving Solicitors
When you are facing motoring offence penalties, Newtons’ causing death by dangerous driving solicitors provide clear and confidential legal advice to build a strong defence and protect your rights. As compassionate experts, we fully appreciate that facing such a conviction may be the most stressful experience of your entire life. To speak with our specialist motoring law team, please use our contact form or arrange a consultation at your nearest office today.
Causing Death by Dangerous Driving FAQs
Life imprisonment is the maximum sentence for causing death by dangerous driving in the UK, though terms typically range from 2 to 18 years. If convicted, you are also automatically disqualified from driving for at least 5 years and made to take an extended re-test before your licence is returned.
Yes, a passenger can be charged with causing death by dangerous driving or aiding and abetting the offence. A passenger may be liable if they actively encouraged, incited or participated in the driver’s dangerous behaviour. If convicted, the offending passenger could also face prosecution.
The prosecution must prove that, firstly, your driving fell below the standard of a competent driver and, secondly, your careless driving directly caused the death of the victim. To try to prove these beyond a reasonable doubt, they could use evidence such as dashcam or CCTV footage, eyewitness testimonies, police observations, forensic evidence and even your own statements given in police interviews. Instructing a death by dangerous driving solicitor is a strategic step you can take to avoid unconsciously incriminating yourself during questioning.
The primary difference lies in your intent and how you drove: whether you made a mistake or experienced a momentary lapse in concentration, or drove in a deliberately dangerous manner without regard for the risk to others. The legal definition also highlights the difference between driving that falls below and driving that falls far below the minimum standard expected of a careful and competent driver.
The primary difference lies in the extent of negligence involved in driving. While causing death by dangerous driving is a specific statutory offence targeting motorists whose standard of driving falls far below that of a competent driver, manslaughter requires proof of gross negligence or an unlawful/dangerous act. Manslaughter charges can arise from any situation, but when applied to driving, they represent an even higher threshold of culpability.