Causing Death by Dangerous Driving – What You Need to Know
Causing death by dangerous driving is one of the most serious offences under UK motoring law. It’s defined under Section 1 of the Road Traffic Act 1988, which states that a person commits this offence when they cause the death of another person by driving a vehicle dangerously on a road or in a public place.
If convicted, this offence carries:
- A prison sentence of up to 14 years.
- A minimum 2-year driving ban, with a requirement to pass an extended driving test before driving again.
This is an indictable-only offence, meaning it is always dealt with in the Crown Court, and any trial will be decided by a jury.
What Counts as Dangerous Driving?
To prove the offence, the Crown Prosecution Service (CPS) must show that:
- Your driving fell far below the standard expected of a careful and competent driver.
- Your driving directly caused the death of another person.
Examples of dangerous driving include:
- Speeding excessively or driving aggressively.
- Driving under the influence of alcohol or drugs.
- Distracted driving, such as using a mobile phone or Satnav.
- Driving a vehicle in a dangerous condition, such as with faulty brakes.
- Ignoring road signs or weather conditions.
How We Can Help
Facing an allegation of causing death by dangerous driving can be overwhelming and traumatic. At The Motoring Lawyers, we are here to guide and support you through this challenging time.
Early Representation is Crucial
If you have been asked to attend a police station for an interview (voluntary or otherwise), we can represent you. What you say at this stage can have a huge impact on your case, so getting expert legal advice early is essential.
Dedicated Expert Defence
Only senior partners at our firm handle cases involving causing death by dangerous driving. With decades of experience, our lawyers will thoroughly examine every detail of your case to build a strong defence and challenge the prosecution.
What Does Our Legal Team Do?
The police and CPS will gather evidence, including:
- Investigating the accident scene (road conditions, weather, and vehicle state).
- Interviewing witnesses.
- Collecting CCTV or dashcam footage.
- Consulting expert witnesses on accident reconstruction or vehicle mechanics.
Our role is to meticulously review this evidence, identify weaknesses in the prosecution’s case, and build a robust defence. This may include:
- Interviewing your own witnesses.
- Instructing expert witnesses for accident re-enactments or vehicle inspections.
- Using forensic experts to analyse video footage and establish your innocence.
Defences for Causing Death by Dangerous Driving
Several defences can be considered depending on the circumstances of your case, such as:
1. Your Driving Was Not Dangerous
We may demonstrate that your driving did not fall far below the standard expected of a competent driver or that it was not the direct cause of the fatality.
2. Mechanical Failure
If an unexpected vehicle fault caused the accident, we can present expert evidence to prove this.
3. Medical Emergency
If a sudden, unforeseen medical event caused you to lose control of the vehicle, this may be a valid defence. Medical reports can support this argument.
4. Necessity
This defence argues that you acted to prevent a greater danger, such as avoiding a collision or serious harm to yourself or others, and that your actions were reasonable.
5. Duress
If you were forced to drive dangerously due to threats of violence or other coercive factors, this defence may apply.
Why Choose Us?
- Experienced Specialists: Our senior partners have decades of expertise in handling complex and high-stakes cases like this.
- Tailored Representation: Every case is unique, and we provide personalised advice and strategies based on your specific circumstances.
- Thorough Investigation: We leave no stone unturned, ensuring every piece of evidence is scrutinised to build the strongest defence.
Don’t Face This Alone – Get Expert Advice Today
Contact us now for a free consultation. Call 0161 383 8855 or request a callback by filling out the form below. Let our experienced team help protect your licence, your freedom, and your future.
I can't recommend Alex Rostron at The Motoring Lawyers highly enough. From start to finish, he provided exceptional legal support, and thanks to his expertise, I was fully acquitted of... read more
Husnain Mohammed30 October 2024
Amazing guys Incredibly professional very helpful in answering all my questions and got the verdict we wanted
Umar Nakhuda26 July 2024
I am a young driver who has just passed his test. Got stopped for being on my mobile phone,which i denied. Aftab Bakhat handled my case start to finish and... read more
qaz 0613 October 2024