Statistics show that around 75% of British people – aged 17 and over – hold a driving license, making Britain’s roads busier than ever.
With more people on the roads, traffic is much heavier. And given that we all lead busy lifestyles, some drivers think nothing of exceeding the 30mph speed limit in built-up areas, undertaking cars on the motorway, or nipping through red lights!
However, the harsh reality is that thousands of people are killed every year, as a result of dangerous driving.
To learn more about the sentencing for dangerous driving causing death, read on.
What is classed as dangerous driving?
The court will charge you with dangerous driving if your driving falls below what would be expected of a competent and careful driver.
Common examples include:
- Racing
- Excessive speeding
- Driving while under the influence of drugs or alcohol
- Driving whilst unfit (physically or mentally)
- Ignoring traffic lights, road signs, or warnings
- Overtaking other vehicles dangerously (undertaking cars on a dual carriageway or motorway)
- Knowingly driving an unsafe vehicle
- Driving while distracted (e.g. smoking, eating, drinking, reading a map, using a mobile phone, etc.)
What is death by dangerous driving?
Death by dangerous driving is the most serious offence you can commit
Section 1 of the Road Traffic Act 1988 states that anyone who causes the death of another person by driving recklessly on a road or in a public place will be charged.
A trial will be held by the Crown Court as a case of indictment, which is treated with different levels of seriousness. Both mitigating and aggravating factors relating to the crime will be taken into account in the sentencing for dangerous driving causing death.
What is the sentence for death by dangerous driving in the UK?
The absolute minimum penalty for death by dangerous driving is a 5-year driving ban and a compulsory extended re-test.
The maximum sentence imposed by the court changed from 14 years in prison to life imprisonment in 2023.
In the eyes of the law, there are 3 different levels of seriousness when it comes to death by dangerous driving – assessing how dangerous your driving was at the time of the incident.
For example:
● Level 1
This is when the rules of the road are deliberately ignored and the danger that may be caused to others is disregarded.
This can carry a risk of life imprisonment.
- Level 2
Creating a substantial risk of danger to life (i.e. driving whilst impaired or breaking the speed limit) can have serious implications.
This typically ranges from 4 to 7 years imprisonment.
- Level 3
When a driver creates a significant risk of danger, like driving while distracted, the prosecution may be more lenient.
This usually carries a risk of 2-5 years imprisonment.
What factors affect a death by dangerous driving sentencing?
After establishing the level of the offence, the judge will assess any mitigating and aggravating factors to determine a suitable sentencing for causing death by dangerous driving.
Mitigating factors work in the defendant’s favour, potentially reducing their sentence, and include:
- The death was the result of a genuine emergency
- The driver’s lack of driving experience
- The driver’s youth or age (where relevant)
- If the driver sustained an injury
- The actions of the victim or a third party contributed to the collision
- The driver consumed drugs or alcohol inadvertently
- The victim was a close friend or family member
- Disability or mental illness
- Genuine remorse for the deceased and their loved ones
- A guilty plea
- Co-operation throughout the court hearing
Aggravating factors work the other way and can increase the sentence.
These include:
- Taking the life of more than one person
- Ignoring warning signs and signals
- Driving away from the crime scene
- Driving under the influence of alcohol or drugs
- Irresponsible behaviours at the time of the offence
- Multiple other offences committed at once
- Previous convictions
- Demonstrating little to no remorse
- Being uncooperative
Are you facing a ‘death by dangerous driving’ charge?
Although you may have been charged with dangerous driving, or you’re a suspect, it doesn’t necessarily mean you are guilty. Several defences can be applied in such circumstances – challenging the accuracy of the evidence presented by the prosecution.
To learn more about the sentencing for dangerous driving causing death, it’s worth contacting a solicitor firm and discussing your case with an experienced defence lawyer, like those at MAJ Law. They will do everything to help you win your case and avoid conviction
