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The pandemic took thousands of people off the roads between 2020 and 2021, but during these times the UK still saw 1,390 road deaths. A large proportion of these deaths were classed as death by dangerous driving, regarded as one of the most severe driving offences in the UK. If you wish to learn more about the matter, this article covers it all!
If you are being charged with death by dangerous driving, call 020 3007 5500 or head to our driving offences page to book an untimed initial consultation with one of our specialist solicitors. You will be given as much time as you need to discuss your case with one of our solicitors.
What is death by dangerous driving?
Death by dangerous driving is the most severe offence within the category of causing death by driving. 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.”
Death by dangerous driving is trialable by the Crown Court as a case of an indictment, treated with 3 levels of seriousness and sentenced in conjunction with any involved mitigating and aggravating factors of the crime.
road deaths were recorded in 2021
%
down from 2020
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When will I be found guilty of death by dangerous driving?
The court will find you guilty of death by dangerous driving if they can prove the following:
- If you were driving a mechanically propelled vehicle
- Driving on a road or other public place
- You were driving dangerously
- Your dangerous driving caused the death of another person, whether that is a friend, a family member, or a total stranger
There must be enough evidence to prove that the standard of driving was poor and reckless enough to constitute driving dangerously. But what does dangerous driving entail in the eyes of the law?
What does driving dangerously mean?
The court will charge you with dangerous driving if:
- It would be obvious to a competent and careful driver that driving in that way would be dangerous
- Your driving falls far below what would be expected of a competent and careful driver
What is the difference between dangerous driving and careless driving?
Section 2 of the Road Traffic Act 1988 divides causing death by driving offences into four categories. You can be prosecuted for causing death by:
- Dangerous driving
- Careless driving when under the influence of drink or drugs
- Careless or inconsiderate driving
- Unlicensed, disqualified, or uninsured
There is a distinction between careless and dangerous driving in the eyes of the law.
The factors that constitute careless driving suggest that the driver has not given due care and concentration to the roads. Whereas, the factors that constitute dangerous driving indicate that the driver has disregarded road safety, has driven aggressively, has knowingly driven whilst unfit to drive, or even all of the above
Read about the factors that contribute to careless driving versus dangerous behaviour here:
1. Careless Driving
“1. A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
2. A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving”
These are common examples of careless driving:
- Sudden braking
- Driving through a red light
- Overtaking on inside lanes
- Tailgating
- Turning into other drivers’ paths
- Distraction from the road by something in or outside of the vehicle
2. Dangerous Driving
“1. The way he drives falls far below what would be expected of a competent and careful driver.
2. It would be obvious to a competent and careful driver that driving in that way would be dangerous.”
These are common examples of dangerous driving:
- Racing
- Excessive speeding
- Driving whilst impaired by alcohol or drugs, including prescription drugs. See our blog on drug driving for more information.
- Driving whilst physically or mentally unfit
- Ignoring road signs, traffic lights or warnings
- Overtaking other drivers dangerously
- Driving whilst distracted (e.g. by a mobile phone or lighting a cigarette)
- Driving a vehicle that you know to be unfit or unsafe
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What are the sentencing guidelines?
Although causing death by dangerous driving is the most severe of driving offences, it still has levels of seriousness in the eyes of the law. Furthermore, the seriousness of the offence will determine the severity of the sentence. These levels assess how dangerous your driving was at the time of the offence.
Level 1:
This is the most severe banding of offences, which includes violations that suggest deliberate disregard to the rules of the road and danger caused to others. This ranges from 7 to 14 years imprisonment.
Level 2:
This level of driving caused a substantial risk of danger. This ranges from 4 to 7 years imprisonment.
Level 3:
A level of driving that caused a significant risk of danger. This ranges from 2 to 5 years imprisonment.
What is the minimum sentence for death by driving?
Not everyone convicted of causing death by dangerous driving will receive jail time. Nevertheless, the absolute minimum sentence involves a 2-year driving ban and an extended repeat driving test.
What is the maximum sentence for death by driving?
In the case of death by dangerous driving, the maximum sentence imposed by the court is 14 years in prison. However, the likelihood that these charges have occurred in conjunction with other offences are high. As a result, these will make the sentence significantly higher.
What are the factors for a death by dangerous driving sentence?
The levels of your offence act as a starting point for the judge and they will then assess any mitigating factors and aggravating factors. Mitigating factors will work to reduce your sentence, whereas aggravating factors will work to increase it.
Aggravating factors include:
- Ignoring warnings and signals
- More than one person died as a result of the offence
- Driving off to avoid apprehension
- Previous convictions
- Driving under the influence of alcohol or drugs
- Multiple offences
- Other serious, irresponsible behaviour during the time of the offence
- Showing little or no remorse
- Being uncooperative
Mitigating factors include:
- A genuine emergency caused the driving
- Your lack of driving experience contributed to the offence
- Youth or age, where relevant
- You sustained an injury the collision
- The victim was a close friend or relative
- Disability or mental illness
- The actions of the victim or a third party contributed to the collision
- You consumed drugs or alcohol unwittingly
- Genuine remorse for the offence
- Pleading guilty
- Co-operation
How can Britton and Time Solicitors help?
If you need to speak to a solicitor regarding a death by dangerous driving offence, our firm can offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
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