Causing Death by Dangerous Driving

You don’t need us to tell you, death by dangerous driving is a very serious matter. If you’ve been charged with this offence, you could be facing a long custodial sentence and criminal record. Which is why, it’s so important to seek the advice of our dangerous driving solicitors.

The Police, Crime, Sentencing and Courts Bill received Royal Assent on 28 April 2022 and means that the maximum penalty for causing death by dangerous driving has been increased to life imprisonment. The bill also includes an increase to the maximum penalty for causing death by careless driving when the offender is under the influence of drink or drugs.

In addition, the bill also introduces a new offence of causing serious injury by careless driving. The maximum penalty for an individual found guilty of this new offence is two years’ imprisonment. You can read more about death by careless driving here.  

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Death by dangerous driving defences

The police often misapply the law in this area, and we may be able to prevent your conviction. For a free initial consultation, request a callback today. 

We can help with;

MAJ Law is a family-run long-standing defence firm. We understand the devastating impact of a dangerous driving conviction. Dangerous driving that causes death is one of – if not the – most serious of all motoring offences. You’re bound to be incredibly upset about the incident and anxious about the future. But you don’t have to face it alone. As the no.1 motoring defence practice in the UK, we have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, if appropriate, defending their case.

If you’re facing a death by dangerous driving charge, our solicitors have the expertise required to ensure you achieve the best possible outcome. We’ll take a detailed account of what happened, collate evidence, and identify valid defences to help minimise your penalties or avoid conviction. Our previous track record in this area of the law speaks for itself. We have won many dangerous driving cases over the years – sometimes without the need to actually attend court.

The sentence for death by dangerous driving is, unsurprisingly, very tough. If convicted, you could receive:

Any mitigating factors will be taken into consideration by the court, which may help to reduce the severity of your sentencing. But it’s important to note, pleading guilty is never the only option (even if you accept causing the death). There are many ways in which you can potentially defend your case and avoid conviction entirely. Some of the most common defences for death by dangerous driving include;

Factual contentions

Often, the police form a quick opinion about the standard of the defendant’s driving, without giving due consideration to facts. If your driving has been incorrectly classified as ‘dangerous’ – rather than ‘careless’ – this is a strong defence, that will make a huge difference to the outcome of your case.

For example, perhaps your driving was flawed, but not a direct threat to another person? Or maybe the deceased person contributed (in part) to their own death, by stepping out without looking?

Mechanical fault

If you lost control of the vehicle due to a mechanical issue or malfunction, this is classed as an extenuating circumstance – as it was no fault of your own. And you may have a complete defence.

Automatism 

Automatism is a strong ‘death by dangerous driving’ defence if, for whatever reason, you became incapacitated whilst driving (e.g. if you suffered a sudden and unexpected seizure or heart attack). To hold up in court, the incapacity must have been unforeseeable and cannot be self-induced. 

Necessity 

Was your driving behaviour abnormal, due a perceived threat to yourself or someone else? For example, did you swerve suddenly to avoid a collision with another vehicle? Or were you travelling at speed to avoid hitting a passing cyclist? If so, this could be a valid defence argument. But you will need to prove that your actions were not disproportionate (i.e. you didn’t overreact).

Driver identification

You cannot be convicted for causing death by dangerous driving, if the police are unable to prove you were the individual behind the wheel. If you were not in the vehicle when the police arrived, their evidence may be circumstantial, and it could be worth using this as a point of defence. 

Challenging a ‘death by dangerous driving’ case starts the moment you’re arrested. Anything you say may be held against you in court. Which is why, all correspondence with the police or the CPS should go through a dangerous driving solicitor – and it’s important to contact us as soon as possible.  

We have many years of experience in analysing prosecution evidence and preparing an effective defence for serious motoring offences – including cases of severe injury and death. And we can assist you from the outset of the investigation all the way through to the conclusion of the trial.

For your free initial advice, either fill out our online contact form or call us on 0151 422 8020. We can discuss your case in further detail and recommend the best defence strategy moving forward.