It’s common knowledge that a lot of people don’t follow all road laws as closely as they do in other legal areas. However, not all road traffic laws are the same, and there is an immense difference between running a red light and death by dangerous driving.
Deaths caused by dangerous driving are both a tragedy and are treated extremely seriously by the courts in this country. As we will see, this is reflected in the sentencing guidelines, which treat it as one of the most serious offences.
If you have been personally involved in an incident involving death by dangerous driving, it’s crucial that you seek further advice from a road traffic offences solicitor. Even if you fully believe it to have been an accident, it’s imperative that you cover your bases to avoid a potentially disastrous outcome.
The legal definition of death by dangerous driving
Legally speaking, the offence of death by dangerous driving is covered by section 1 of the Road Traffic Act 1988. According to the act, someone is guilty of this offence when the suspect’s driving was either a cause or a factor in another person’s death, and the driving was dangerous.
Here, dangerous driving is considered to be driving that falls far below the standard that would be expected of a competent and careful driver, in such a way that a competent and careful driver would consider this way of driving to be obviously dangerous. It can also apply to the state of the vehicle, not only to the way in which the vehicle is driven.
Factors that can lead to driving being considered dangerous include:
- Driving significantly over the given speed limit
- Driving while attempting to race another vehicle or evade the police
- Attempting aggressive manoeuvres
- Driving while under the influence of drugs or alcohol
- Driving while otherwise seriously distracted, including by a phone.
For it to be considered dangerous driving, it must be more than merely careless, but also dangerous to the extent that a reasonable person would see that the driving poses a clear risk to others.
Potential examples of death by dangerous driving
There are a lot of different ways that these kinds of tragic events can occur. Below are just a few potential examples:
- Someone is driving through a clearly residential area, while going more than twice the speed limit. A pedestrian steps into the road on a zebra crossing, and is killed on impact.
- Someone is at a pub and is clearly over the legal blood alcohol limit for driving. They decide to drive home anyway, and lose control of the car, hitting an oncoming vehicle, killing the occupants in the process.
- A driver decides to engage in a street race with another vehicle on the road. In the process, they both speed and carry out a range of dangerous and aggressive manoeuvres, eventually losing control of the car and crashing into a group of people.
Clearly, it is a broad offence which can be committed in a number of ways. It’s important to be able to speak with a criminal defence solicitor, to see what kind of charges you may be facing.
Sentencing for death by dangerous driving
While death by dangerous driving has always been considered a serious offence, the severity of the maximum sentence for those found guilty has been further increased in recent years.
While those found guilty before 28 June 2022 could face a maximum sentence of 14 years in prison if found guilty, those found guilty after that date can face up to life in prison, with an offence range of between 2 and 18 years in prison.
Additionally, drivers found guilty before 2022 will face a 2-year obligatory driving ban, while those found guilty after that date face a 5-year obligatory ban. After that date, a compulsory extended retest is necessary to get the licence back.
Factors that impact sentencing
There is a wide range in potential sentencing for these kinds of cases, and a judge will use the combination of harm and culpability to determine which sentence will be most appropriate. Unfortunately, due to the nature of the offence, harm will always be of the utmost seriousness, due to the necessary loss of life for a death by dangerous driving charge to apply.
Culpability
Culpability for these cases is broken up into three brackets – A, B and C.
A
Those who deliberately ignore the rules of the road, participate in prolonged, deliberate courses of dangerous driving (such as racing), are highly impaired by drugs or alcohol, and persistently disregard the warnings of others are likely to be placed in the highest culpability bracket.
The starting point for sentencing in bracket A is 12 years in prison, with an offence range of between 8 and 18 years in prison.
B
Those who drive knowing that their vehicle has a dangerous defect or load, are significantly impaired by a known medical condition, are driving while deprived of sleep or rest, and disregard at least one warning from another party will likely find themselves in this middle bracket.
The starting point for bracket B is 6 years in prison, with an offence range of between 4 and 9 years in prison.
C
All others who are only just over the threshold for dangerous driving will be placed in this bracket.
The starting point for bracket C is 3 years in prison, with an offence range of between 2 and 5 years in prison.
Other elements, such as previous relevant convictions, the vulnerability of the victim, and the driving of a vehicle for commercial purposes, can also increase the sentence applicable to those who are found guilty of death by dangerous driving.
Taking these kinds of driving offences seriously should be your main priority if you ever find yourself involved in one. It’s imperative that you seek legal advice from a criminal defence solicitor with experience in traffic offences, to ensure you get the best outcome possible in your circumstances.
If you’re facing charges, we can help. Call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
