Expert legal representation for causing death by dangerous driving offences
Causing death by dangerous driving is the most serious of motoring offences, and may not always be straightforward for the prosecution to prove. These cases often take months, if not years before they are heard before the court and you may be left in a period of limbo for a significant period before you are charged.
Dangerous driving – the law
Section 1 of the Road Traffic Act 1988 states:
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Section 2A then defines “dangerous driving”:
A person is to be regarded as driving dangerously if—
(a) the way he drives falls far below what would be expected of a competent and careful driver, and
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
A person may also be considered to be driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. Under this definition, there may be no issue with the standard of driving itself but if the car was in a dangerous condition or state of disrepair then you may fall foul of the offence, for example, if you were driving with worn, un-roadworthy tyres.
A separate test for dangerous driving applies to “designated persons”, such as police officers whose standard of driving will be compared against other officers who have completed prescribed driving training.
What constitutes dangerous driving?
The Crown must prove beyond reasonable doubt that the standard of driving was dangerous in accordance with section 2A of the Road Traffic Act 1988 as outlined above.
This is not always an easy task, as it can be a fine line between what could be considered careless driving as opposed to dangerous. Below are some examples of what would more likely be considered dangerous:
- Police chases (no matter the length or speed involved, a police chase is considered to be inherently dangerous in any circumstance);
- Racing or competitive driving with another vehicle;
- Driving significantly in excess of the speed limit;
- Driving knowing the vehicle has a dangerous defect
- Using a mobile phone whilst driving.
This is not an exhaustive list and each case will be decided on its own facts.
Causing the death of another
There must be causation (a direct link) between the dangerous driving and the death, otherwise, the offence would not be proven in court.
A question for a jury to consider would be whether the dangerous driving was “the principal, or a substantial, cause of the death, as long as [they] are sure that it was a cause and that there was something more than a slight or trifling link.” (R v Kimsey [1996] Crim LR 35).
Defences to causing death by dangerous driving
The Crown must prove each element of the offence beyond reasonable doubt, this is not always an easy task.
If the standard of driving cannot be proved as dangerous then the case would fail, or it may be that an alternative charge of causing death by careless driving may be put forward. The line between what is careless and dangerous driving is often blurred, but the differences between sentencing for these offences are enormous.
It may be that another road user is at fault, or the alleged dangerous driving cannot be said to have caused the death in the circumstances. Forensic collision experts are instructed to challenge the prosecution evidence, in addition to critically analysing any witness statements from those present at the scene.
These cases require detailed examination of the facts to challenge the prosecution case so it is important you contact us straight away if you face such a charge.
Sentences for dangerous driving
For any offence committed after 28 June 2022, the maximum sentence is life imprisonment. Any offence committed prior to this date carries a maximum sentence of 14 years’ custody.
The court must also impose an obligatory disqualification of 5 years with an extended driving test to be completed for offences after 28 June 2022. Any offences committed prior carries a 2-year disqualification with a compulsory extended driving test.
The offence is triable on indictment only, meaning all cases are dealt with by the Crown Court.
The length of the sentence will be determined by reference to the sentencing guidelines which outline different levels of culpability. A driver who makes a deliberate decision to ignore the rules of the road and disregards the risk of danger to others will face the most serious sentence, compared to a case where it may be borderline dangerous driving, for example using a mobile phone albeit very briefly.
Funding
At Olliers we are able to assist you on cases of this nature on a legally aided or privately funded basis.
You may also have an insurance policy (motor/home) which includes legal expenses which could be an alternative source of funding. Many insurers suggest their own panel of solicitors however, under The Insurance Companies (Legal Expenses Insurance) Regulations Act 1990, policyholders have the freedom to choose their own legal representation.
We are able to liaise and negotiate with your insurers on your behalf as to the possibility that your case could be insurer-funded.
Death by dangerous driving is an offence under Section 1 of the Road Traffic Act 1988. It applies when someone dies as a result of driving that fell far below the standard expected of a competent and careful driver and it would have been obvious to a competent driver that driving in that way would be dangerous. You don’t need to have intended to cause harm or even to have been subjectively reckless. The test is objective: if your driving was dangerous and someone died as a consequence, you can be convicted.
Since June 2022, the maximum sentence for causing death by dangerous driving is life imprisonment. This was increased from 14 years by the Police, Crime, Sentencing and Courts Act 2022. In practice, sentences typically range from 5 to 14 years’ custody depending on the circumstances, though the courts now have discretion to impose life sentences in the most serious cases. The sentencing starting point for the highest category of seriousness is now 12 years, significantly increased from the previous 8 years.
Sentencing is determined by the level of culpability in your driving. The most serious category (Category A) includes prolonged and deliberate dangerous driving, racing, or gross impairment through alcohol or drugs, with a starting point of 12 years and a range of 8 -18 years. Category B covers driving creating very significant risk with a starting point of 7 years and a range of 5-11 years. Category covers single dangerous manoeuvres or momentary inattention – starting point 4 years and a range 2-6 years. Multiple deaths, previous convictions and aggravating factors increase sentences further.
Immediate custody is almost inevitable for death by dangerous driving. The sentencing guidelines indicate that even the lowest category (Category C) has a starting point of 4 years’ imprisonment. Suspended sentences are extremely rare and only considered in exceptional circumstances where culpability is at the very lowest end. The devastating consequence, the loss of life, means the courts treat these cases with the utmost seriousness regardless of your personal circumstances or previous good character.
For offences committed after 28 June 2022, the minimum disqualification is 5 years – increased from the previous 2-year minimum. In practice, bans are often significantly longer, particularly for more serious cases. You will also be required to pass an extended driving test before your licence is restored. The disqualification period runs from the date of conviction, not from your release from prison, though the court can extend the ban to account for time served in custody.
Common circumstances include excessive speed (particularly in inappropriate conditions), racing or competitive driving, aggressive driving such as tailgating or cutting in, ignoring traffic signals, driving while grossly fatigued, using a mobile phone where it causes loss of control, driving under the influence of alcohol or drugs and driving a vehicle known to be in a dangerous condition. The key question is whether your driving fell far below the expected standard and created obvious danger.
The distinction lies in the degree to which your driving fell below the expected standard. Dangerous driving requires that your driving fell far below the standard expected and created obvious danger. Careless driving only requires that driving fell below the expected standard – a lower threshold. Death by careless driving carries a maximum of 5 years’ imprisonment compared to life for dangerous. In borderline cases, whether you’re charged with dangerous or careless driving often depends on how the prosecution interprets the evidence, and there can be room for negotiation.
Yes, and this is often a key objective in our defence strategy. The boundary between dangerous and careless driving isn’t always clear-cut. If we can successfully argue that while your driving was poor, it didn’t fall far below the required standard, the charge may be reduced. The consequences are significant: death by careless driving has a maximum sentence of 5 years versus life imprisonment, and there’s greater scope for non-custodial sentences in lower culpability cases. This reduction can be achieved through negotiation with the prosecution or at trial.
Potential defences include challenging whether your driving actually fell far below the required standard, demonstrating that another driver or external factor caused the accident, mechanical failure that you couldn’t reasonably have known about, sudden medical emergency such as an unexpected seizure or blackout, and challenging the causation, arguing that the death wasn’t caused by the alleged dangerous driving. We also scrutinise all evidence including dashcam footage, witness statements, forensic collision reports, and expert evidence for weaknesses.
Death by dangerous driving is an indictable-only offence, meaning it must be tried in the Crown Court before a judge and jury. The case will start with a preliminary hearing in the Magistrates’ Court before being transferred to the Crown Court. You can expect multiple Crown Court hearings: a plea and trial preparation hearing, and if you plead not guilty, a trial. From charge to trial can take 6 – 12 months or longer depending on case complexity and court availability.
Being charged doesn’t automatically suspend your licence. However, for death by dangerous driving cases, it’s common for the court to impose bail conditions that prohibit driving, particularly if there’s any suggestion you pose an ongoing risk on the roads. The police may also report you to the DVLA, who have separate powers to revoke licences on medical or fitness grounds. Even without formal restrictions, you should carefully consider whether driving is appropriate given the circumstances.
Contact a specialist motoring solicitor immediately. Death by dangerous driving is one of the most serious charges you can face, with life-changing consequences. Early legal advice is critical. Tt shapes decisions about plea, evidence gathering and defence strategy that are difficult to reverse later. Don’t make statements to police beyond confirming your identity without legal advice. Don’t discuss the case on social media. Preserve any evidence you have including dashcam footage, witness details, photographs. The sooner we’re involved, the more effectively we can protect your interests.
How Olliers can help
At Olliers, we have an experienced team available to assist you if you find yourself charged with death by dangerous driving. Given the potential complexities and ramifications of sentence/conviction, it is important you obtain representation as soon as possible in order to ensure you are in the best possible position for court.
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