Causing Death By Dangerous Driving
Causing Death by Dangerous Driving is arguably the most serious of road traffic offences and it is classed as an “indictable only” offence that will always be dealt with at the Crown Court.
There are many complex issues that the prosecution need to prove, which, if they succeed will inevitably result in a long custodial sentence coupled with a lengthy period of disqualification for a death by dangerous driving charge.
The prosecution must first of all prove that you have driven dangerously by showing that your driving has fallen far below the standard of the competent and careful driver and also that it was obvious to a competent careful driver that the manner in which you drove was dangerous, i.e. that there was a considerable risk of damage or injury.
In addition, they must prove that the person’s death was caused by the manner of your driving.
Being accused of his offence by the police and Crown Prosecution Service does not necessarily mean that you are guilty and assessment of the accident by a collision investigation expert is often crucial in determining the relevant factors.
The maximum prison sentence for death by dangerous driving is currently fourteen years but there have been proposals to increase this to life. You would also be disqualified for a minimum of 2 years and as with all dangerous driving convictions, you would have to pass an extended driving test at the end of the disqualification period for you to have your licence restored.
If you face such an allegation it is imperative that you receive expert advice at the very earliest stages of the investigation and certainly before you are interviewed by the police. You can not afford to gamble with the ensuing consequences if you do not.
Maximum: 14 years custody
Minimum disqualification of 2 years with compulsory extended re-test
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