DANGEROUS DRIVING : DEATH BY DANGEROUS DRIVING

There are three main categories relating to unsafe driving outlined in the Road Traffic Act 1988 which are careless or inconsiderate driving, dangerous driving and causing death by dangerous driving (which may be aggravated by consumption of drink or drugs). Penalties for each category reflect the relative seriousness of the offence ranging from fines for the least serious offences to an almost certain prison sentence, disqualification from driving and a re-test prior to return of the license for the last category. A road traffic accident will not normally be investigated by the police unless there has been an injury. In cases involving serious injury or death the investigation will be dealt with by experienced road traffic police officers and a member of the Accident Investigation Branch. The evidence that is gathered is sent to the Crown Prosecution Service which decides whether or not to charge the driver responsible for the accident.

Please note that we are unable to deal with straightforward speeding offences except where that offence invokes the totting up procedure or is one of a number of more serious charges.

Careless Driving is defined under Section 3 of the Road Traffic Act 1988 is :-

"Driving which falls below the standard of a reasonably competent and careful driver."

Dangerous Driving is defined under Section 2A of the Road Traffic Act 1988 and :-

"Driving which falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous."

Causing death by dangerous driving is an extremely serious offence and the starting point for sentence will normally be imprisonment, however the standard of the offender’s driving at the time of the offence is the primary factor in determining the sentence for an offence follows:-

• An offence arising from a momentary error of judgment or short period of bad driving, where there are no aggravating features, is likely to attract a short sentence of imprisonment
• If the standard of the offender’s driving was aggressive or at greatly excessive speed, or was affected by the consumption alcohol or drugs then a sentence of imprisonment of two to five years is likely
• An offender can be sent to prison for between five and ten years for the most serious offences, where there are aggravating features and the offender has driven with a complete disregard for the safety road users. Aggravating features include the death of more than one person, failing to stop, claiming that one of the victims was responsible for the accident or previous convictions for serious motoring offences especially those involving consumption of alcohol or drugs.

If you have been charged with a serious motoring offence you may need the help of an expert lawyer to ensure fair treatment in court. It is in your interests to be represented by a specialist who will give you clear advice on your legal rights. If you would like to talk to an experienced lawyer with no charge just use the help line. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.

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