Causing Death by Dangerous Driving Solicitors
Causing Death by Dangerous Driving carries a minimum 5 year driving disqualification and a custodial sentence of between 2 - 18 years, with an average of 7 years. 93% of all motorists convicted of this offence go to prison. There are a number of defences worth considering if you're charged or suspected of Causing Death by Dangerous Driving. These include duress, necessity, mechanical fault and causation. For more information and free initial advice, contact us today.
We can help you with:
- Considering your options
- Challenging the evidence
- Identifying defences
- What to do next
Causing Death by Dangerous Driving
Options / Defences / Sentencing
For offences committed after 28th June 2022 the maximum penalty is life imprisonment. The minimum disqualification is 5 years.
In addition, the bill also introduces a new offence of causing serious injury by careless driving. The maximum penalty for an individual found guilty of this new offence is two years’ imprisonment. You can read more about death by careless driving here.
What is the sentence for causing death by dangerous driving?
Read our latest blog on Causing Death by Dangerous Driving
If you were charged by the police after 28th June 2022 the maximum sentence is life imprisonment. You would also receive a minimum 5 year driving disqualification (which begins after you're released from prison) and a compulsory extended retest.
To learn more about what happens when you're sent to prison, read our Prison Blog.
Sentencing Guidelines for death by dangerous driving
| Nature of offence | Starting point | Range |
| A deliberate decision to ignore the rules of the road and disregard the danger being caused to others | 8 years' custody | 8 - Life term |
| Driving that created a substantial risk of danger | 5 years' custody | 4 - 7 years' custody |
| Driving that created a significant risk of danger | 3 years' custody | 2 - 5 years' custody |
Case Example - Death by Dangerous
Ben was driving home from work. It was late at night and visibility was poor. Ben became agitated by a driver in front of him travelling well below the speed limit. When the opportunity arose, Ben overtook the slow moving vehicle and crashed head-on into another vehicle, killing the driver. Ben was charged with causing death by dangerous driving. He is facing a maximum life sentence.
The prosecution will claim that the standard of Ben's driving fell far below a careful and competent driver and that he caused the death of another person. Ben's only defence is that his driving was not dangerous, but careless. You can read more about defences below.
The sentence for death by dangerous driving is, unsurprisingly, very tough. If convicted, you could receive:
- Life in prison (14 years or longer)
- A mandatory driving disqualification (often for 5 years or more)
- An extended retest (theory and practical)
- A criminal record
Death by dangerous driving defences
We can help with;
- Assessing the standard of your driving
- Identifying potential defences
- Guiding you through the case
- Your next steps
- I was not driving dangerously
You may accept that your driving was careless, but the police must prove that you drove dangerously. This can be a difficult criteria and involves both a subjective and objective test, as well as evidence of external factors such as weather conditions, traffic and other drivers. - I suffered a medical episode
If you were not in charge of your faculties due to a sudden and spontaneous medical episode, you could not normally be convicted of causing death by dangerous driving. The only exception is where the condition was known, undeclared and rendered it unsafe for you to drive a motor vehicle.
A similar argument is called 'automatism'. This applies where, for example, a person suffers a sneezing fit behind the wheel! - A third party caused the accident but left the scene
Third parties often cause accidents and leave the scene. This commonly arises on motorways where one vehicle veers into the path of another, causing it to lose control and collide with other vehicles. If you suspect that another vehicle might have been involved, it's important that you notify the police immediately. - My vehicle sustained a mechanical fault
Providing your vehicle was properly maintained and road worthy, a mechanical defect leading to a collision may absolve you of any liability. In 'death-by' cases, it is normal for the police to seize and examine your vehicle to determine the cause of the accident. Some medical defects could be technical relates to the software and functionality of the vehicle. The police will only check basic mechanical components like brakes and steering shafts, potentially missing the cause of the defect. - I did not cause the death
What about a motorcyclist who was not wearing proper protective gear? Or a pedestrian who was struck by at least two vehicles? Taking this argument to the extreme, what about medical negligence or misdiagnosed injuries? Should you be held accountable in these circumstances?
Often, the police are quick to form an opinion about the standard of your driving, without giving due consideration to the facts or evidence. If your driving has been incorrectly classified as ‘dangerous’ – rather than ‘careless’ – this is a strong defence, that may make a huge difference to the outcome of your case.
Perhaps you fit the profile of a person who is more likely the drive dangerously. The police sometimes make assumptions because of the car you drive, your age or the way you look.
Remember that more than one person could be responsible for the death of another. We regularly defend cases where the deceased person has contributed (often in a considerable way) to their own death (i.e. by stepping out into traffic without looking or pulling out at a junction in front of a speeding vehicle). The law surrounding causation is a hugely important in 'death by' cases. Ultimately, it is for the CPS to prove that you caused the death of another person. This may not be as easy as it sounds.
What should you do next?
Why choose us to represent your death by dangerous driving case?
MAJ Law is a family-run long-standing defence firm. We understand the devastating impact of a dangerous driving conviction. Dangerous driving that causes death is one of – if not the – most serious of all motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. As the nations 'go to' motoring defence practice, we have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, if appropriate, defending their case (often with positive outcomes).
If you’re facing a death by dangerous driving charge, our solicitors have the expertise required to ensure you achieve the best possible outcome. We’ll take a detailed account of what happened, collate evidence, and identify valid defences to help minimise your penalties or avoid conviction. Our previous track record in this area of the law speaks for itself. We have won many dangerous driving cases over the years – sometimes without the need to actually attend court.
We have many years of experience in analysing prosecution evidence and preparing an effective defence for serious motoring offences – including cases of severe injury and death. We can assist you from the outset of the investigation all the way through to the conclusion of the trial.
For your free initial advice, either fill out our online contact form or call us on 0151 422 8020. We can discuss your case in further detail and recommend the best defence strategy moving forward.
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