Causing Death by Dangerous Driving Sentencing - Expert Legal Defence

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Being charged with causing death by dangerous driving is one of the most serious situations anyone can face. Someone has lost their life, a family is grieving, and you’re facing criminal charges that could result in years in prison.

Whatever the circumstances, you need proper legal representation. The causing death by dangerous driving sentencing guidelines allow for prison sentences of up to life imprisonment. Every decision you make from now on matters.

At Scarsdale Solicitors, we provide serious, experienced defence for those facing these charges. We approach causing death by dangerous driving sentencing cases with the gravity they deserve, working to ensure you receive a fair hearing and that all mitigating circumstances are properly considered.

If you’re facing these charges, call +44 (0) 161 660 6050 for confidential advice.

Understanding Causing Death by Dangerous Driving

Under Section 1 of the Road Traffic Act 1988, you commit this offence if you cause the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place.

The prosecution must prove two things:

  • That your driving was dangerous within the legal definition

  • That your dangerous driving caused the death

 

What counts as dangerous driving?

Driving is legally dangerous if it 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.

This covers a wide range of driving behaviour: excessive speed, aggressive driving, ignoring road signs and signals, overtaking on blind bends, driving while distracted, racing, and driving with known vehicle defects.

The standard is objective. It doesn’t matter whether you personally thought your driving was acceptable. The question is whether a competent, careful driver would see it as dangerous.

Causation

The prosecution must also prove that your driving caused the death. This doesn’t mean your driving needs to be the only cause – it’s enough if it was a significant contributing factor. Victims’ own actions, vehicle defects, or road conditions might also contribute, but that doesn’t necessarily break the chain of causation.

Causation arguments are legally complex and often form the heart of contested cases.

Causing Death by Dangerous Driving Sentencing | Expert Defence

Causing Death by Dangerous Driving Sentencing Guidelines

The Sentencing Council guidelines set out how judges should approach these cases. Causing death by dangerous driving sentencing follows a structured process that considers both the seriousness of your driving and any factors specific to your case.

Maximum sentence

Following legislative changes under the Police, Crime, Sentencing and Courts Act 2022, the maximum sentence for causing death by dangerous driving sentencing is now life imprisonment for offences committed on or after 28 June 2022. Previously, the maximum was 14 years. This change reflects Parliament’s view that the most serious cases warrant the highest possible punishment.

Sentencing categories

Judges first assess the culpability (how blameworthy your driving was) and the harm (though in these cases, the harm – death – is constant, so the focus is primarily on culpability).

The causing death by dangerous driving sentencing guidelines identify culpability factors:

Higher culpability includes:

  • Driving while affected by alcohol or drugs 
  • Driving at speeds greatly exceeding the limit 
  • Racing or competitive driving 
  • Prolonged, persistent, or deliberate course of dangerous driving 
  • Ignoring warnings from passengers 
  • Driving while using a mobile phone 

Driving for commercial purposes (taxis, deliveries) with disregard for passenger safety

Lower culpability includes:

  • Momentary inattention with no aggravating factors

  • Genuine emergency (though rarely accepted)

  • Inexperience rather than deliberate bad driving

  • Single misjudgment rather than prolonged dangerous driving

 

Starting points and ranges

The Sentencing Council provides an offence range of 2 to 18 years’ custody for causing death by dangerous driving sentencing. The sentencing starting points depend on culpability:

  • For the most serious cases (highest culpability): starting point of 14 years, with a range of 10 years to life imprisonment

  • For serious cases: starting point of 10 years, with a range of 8-14 years

  • For cases with lower culpability: starting point of 7 years, with a range of 5-10 years

  • For the least serious cases: starting point of 4 years, with a range of 2-6 years

These are starting points. The actual causing death by dangerous driving sentencing outcome is adjusted based on aggravating and mitigating factors.

Get expert advice on your case: +44 (0) 161 660 6050

Factors That Affect Your Sentence

Beyond the basic culpability assessment, courts consider numerous factors when determining causing death by dangerous driving sentencing.

 

Aggravating factors (increase sentence):

  • More than one person was killed

  • Serious injury to others

  • Previous convictions for motoring offences

  • Driving for financial gain (illegal taxi, delivery pressure)

  • Driving while disqualified or uninsured

  • Failure to stop or report the accident

  • Leaving the victim without assistance

  • Attempts to avoid detection

Vulnerable victims (children, the elderly, pedestrians)

 

Mitigating factors (may reduce sentence):

  • No previous convictions

  • Genuine remorse

  • Voluntary actions to assist the victim

  • Good character evidence

  • Mental health issues at the time

  • Significant impact of the offence on you

  • Cooperation with the investigation

  • Lack of premeditation

  • Single brief lapse rather than sustained dangerous driving

Courts must also consider the impact on the victim’s family through the victim’s personal statements, though these affect the overall approach rather than mathematically adjusting the causing death by dangerous driving sentencing outcome.

The Court Process for Causing Death by Dangerous Driving

These cases are always heard in the Crown Court before a judge and jury (if contested) or a judge alone (if you plead guilty). Magistrates’ courts cannot handle charges this serious.

Pre-trial

After being charged, you’ll appear at the magistrates’ court for a preliminary hearing, but the case will immediately be sent to the Crown Court. Bail decisions depend on the circumstances – some defendants are remanded in custody, while others are granted bail with conditions.

During the pre-trial period, your legal team gathers evidence, instructs expert witnesses if needed, takes statements, and prepares your defence or mitigation for causing death by dangerous driving sentencing.

The trial

If you plead not guilty, a jury decides whether you’re guilty. Trials for causing death by dangerous driving can last from several days to several weeks, depending on complexity.

The prosecution presents evidence of how you were driving and argues it was dangerous. Your defence might challenge whether the driving was truly dangerous, dispute causation, or raise other legal arguments.

Sentencing hearing

If you’re convicted after trial or plead guilty, there will be a separate sentencing hearing. The judge receives pre-sentence reports, hears from the prosecution and defence, and may hear the victim’s personal statements read aloud.

The causing death by dangerous driving sentencing decision is then made, with the judge explaining their reasoning.

Related and Alternative Charges

Several related offences exist, and sometimes the charge you face is negotiable. Understanding these alternatives is important when considering causing death by dangerous driving sentencing outcomes.

Causing death by careless driving

Under Section 2B of the Road Traffic Act 1988, this is a less serious offence where driving falls below (but not far below) the expected standard. The maximum sentence is 5 years’ imprisonment.

The distinction between careless and dangerous driving can be unclear. In borderline cases, negotiating a reduction from dangerous to careless driving can significantly reduce your sentence.

Causing death by careless driving when under the influence of drink or drugs

Under Section 3A, this carries the same maximum sentence as causing death by dangerous driving. It applies where driving was careless (not dangerous), but the driver was over the limit or impaired by drugs.

Causing death by driving while unlicensed, disqualified, or uninsured

Under Section 3ZB, this applies where someone dies due to driving by a person who shouldn’t have been on the road at all. The maximum sentence is 2 years’ imprisonment.

Manslaughter

In the most extreme cases, the Crown Prosecution Service might charge gross negligence manslaughter instead of or alongside the road traffic offence. This is rare but possible, where driving was so grossly negligent that it amounts to a crime against the person.

Building Your Defence

A strong defence doesn’t mean denying responsibility if you were at fault. It means ensuring the court has a full and accurate picture of what happened and why.

Challenging dangerous driving

Not all bad driving is legally “dangerous.” If your driving fell below the expected standard but didn’t fall “far below” it, you shouldn’t be convicted of causing death by dangerous driving. Careless driving would be the appropriate charge.

Expert evidence from collision investigators and driving experts can help establish exactly what happened and whether it crosses the threshold into dangerous driving.

Challenging causation

Even if your driving was dangerous, the prosecution must prove it caused the death. If the victim’s own actions, third-party negligence, vehicle defects, or road conditions were the real cause, causation arguments may succeed.

For example, if a pedestrian stepped directly into traffic, giving you no chance to react, your speed might be irrelevant to causation even if it was excessive.

Procedural challenges

Police and prosecutors must follow proper procedures. Evidence obtained improperly may be excluded. Disclosure failures might undermine the prosecution’s case. These technical arguments matter, especially in serious cases.

Mitigation

Even if conviction is likely, strong mitigation can significantly affect causing death by dangerous driving sentencing. Understanding your client as a person – their character, their circumstances, their genuine remorse – and presenting this effectively makes a real difference.

For specialist defence representation, call +44 (0) 161 660 6050

Ancillary Orders

Beyond imprisonment, judges can impose additional orders as part of causing death by dangerous driving sentencing.

Driving disqualification

Disqualification is mandatory for at least 2 years upon conviction. Courts typically impose much longer bans – often 5-10 years or even indefinite. You must also pass an extended driving test before driving again.

Compensation orders

Courts can order you to pay compensation to victims’ families, though the amounts rarely reflect the true loss. Civil claims for substantial compensation are usually pursued separately.

Forfeiture of the vehicle

The vehicle used in the offence can be forfeited to the state.

Supporting the Victim's Family

These cases involve real tragedy. A family has lost someone they love, and nothing in the legal process changes that.

While your focus must be on your own defence, conducting yourself with dignity and respect matters. Courts notice defendants who show genuine remorse and consideration for victims’ families. False or performative remorse is usually transparent and counterproductive.

Some defendants choose to write letters of apology. Whether this is appropriate depends on the circumstances, and the content must be genuine rather than tactical. Your solicitor can advise on whether and how to communicate with the family.

Victim personal statements will be read during sentencing, and hearing the family’s grief is one of the most difficult parts of this process. Responding with genuine emotion rather than hostility or defensiveness serves everyone better.

Prison and After

Most people convicted of causing death by dangerous driving receive immediate custodial sentences. What happens next?

Time in custody

You’ll typically serve half your sentence in custody before being released on licence. So a 6-year sentence means approximately 3 years inside, followed by 3 years on licence in the community.

Longer sentences (7 years or more) may involve serving two-thirds before release eligibility.

Release on licence

After release, you’re subject to licence conditions. Breaking these conditions can result in recall to prison. Conditions vary but typically include supervision appointments, residence requirements, and contact restrictions.

The driving ban

Your disqualification period starts from the date of conviction, not your release date. Courts can extend bans to account for time in custody, ensuring you face a meaningful driving ban after release.

Life after conviction

A conviction for causing death by dangerous driving stays with you permanently. It affects employment prospects, travel, insurance, and many aspects of daily life. But people do rebuild. Recovery takes time, effort, and often professional support, but it’s possible.

Why Experienced Representation Matters

Causing death by dangerous driving sentencing is complex. These cases involve detailed forensic evidence, expert testimony, and legal arguments that require specialist knowledge.

Scarsdale Solicitors has handled serious motoring cases for over 20 years. We understand both the technical aspects – collision reconstruction, vehicle examination, medical evidence – and the human dimensions of these cases.

What we provide:

  • Honest assessment of your case and likely causing death by dangerous driving sentencing outcomes

  • Access to expert witnesses and forensic specialists

  • Thorough preparation for trial or sentencing

  • Strong advocacy focused on achieving the best realistic outcome

  • Support through what will be an extremely difficult period

We take on cases across England and Wales and have experience in Crown Courts throughout the country.

Contact Scarsdale Solicitors:

Phone: +44 (0) 161 660 6050

Address: 54 Drake Street, Rochdale, OL16 1PA

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Frequently Asked Questions

Understanding offences and process helps you make informed decisions about your future.

The maximum sentence for causing death by dangerous driving sentencing is now life imprisonment for offences committed on or after 28 June 2022. Previously, it was 14 years. Most sentences fall well below the maximum, but very serious cases can attract double-digit prison terms.

Almost certainly, yes. Immediate custody is the norm for this offence. Suspended sentences are extremely rare and only arise in the most exceptional circumstances with the lowest culpability.

There's no meaningful "average" because causing death by dangerous driving sentencing varies dramatically based on circumstances. The offence range is 2-18 years' custody, with starting points ranging from 4 years to 14 years depending on culpability.

Potentially. If your case is borderline between dangerous and careless driving, the prosecution might accept a guilty plea to the lesser offence. This requires negotiation between your legal team and the CPS.

Careless driving is driving that falls below what would be expected of a competent driver. Dangerous driving is driving that falls far below the expected standard and would obviously be dangerous. The distinction matters because careless driving carries a maximum 5-year sentence, while causing death by dangerous driving sentencing can mean life.

For offences committed on or after 28 June 2022, at least 5 years. For earlier offences, at least 2 years. However, bans of 5-10 years are common, and some defendants are banned indefinitely or until they pass an extended test. The ban runs from conviction, though courts can extend it to account for prison time.

Yes, you can appeal to the Court of Appeal if your causing death by dangerous driving sentencing outcome is arguably excessive or wrong in principle. Appeals must be lodged within 28 days of the sentence. Leave to appeal must be granted before the full hearing.

The judge receives pre-sentence reports and prosecution summaries, hears from both sides about the appropriate sentence, may hear victim personal statements, and then delivers the causing death by dangerous driving sentencing decision with reasons.

They have the right to attend all hearings. Many families do attend, particularly sentencing hearings. Their victim personal statements will be read to the court and considered in sentencing.

Dangerous driving doesn't require speeding. You could be convicted for other dangerous behaviour like aggressive driving, driving while distracted, ignoring road signs, or driving with known vehicle defects.

Potentially. If causation can be challenged by showing the victim's own actions or external factors were the real cause of death, this could be a complete defence. More commonly, these factors affect culpability and therefore causing death by dangerous driving sentencing.

Medication can impair driving ability. If you were taking medication that affected your driving without realising it would, this might reduce culpability. If you knew or should have known about the impairment, it likely increases culpability.

Strongly advisable. These cases involve complex evidence, serious consequences, and require careful handling. Generalist solicitors rarely have the experience needed for optimal outcomes in causing death by dangerous driving sentencing cases.

This significantly increases culpability and the likely sentence. Drink or drug driving that causes death typically results in causing death by dangerous driving sentencing at the higher end of the range.

Unless you've been disqualified as a bail condition or lost your licence for other reasons, you can technically continue driving. However, this requires careful consideration given the circumstances.

Crown Court cases typically take 6-12 months to reach trial, sometimes longer for complex cases. If you plead guilty, causing death by dangerous driving sentencing happens faster but still involves pre-sentence reports.

After disqualification for causing death by dangerous driving, you must pass an extended test before driving again. This is longer (approximately 70 minutes versus 40 minutes for a standard test) and more demanding than a standard driving test, covering all driving manoeuvres including a compulsory emergency stop.

Yes, significantly. The conviction is unspent for life, meaning you must always disclose it when asked. Any job requiring driving becomes impossible during disqualification. Many professions have reporting requirements.

Many countries restrict or deny entry to people with serious criminal convictions. The USA, Canada, Australia, and New Zealand all have visa implications. Check specific requirements before booking travel.

A statement from the victim's family describing how the death has affected them. The court considers these when sentencing, though they don't mathematically change the causing death by dangerous driving sentencing calculation.

Getting Through This

Facing a charge of causing death by dangerous driving is overwhelming. Someone has died, and nothing can undo that. At the same time, you’re facing life-changing consequences and need to protect your own interests.

These two realities coexist, and navigating them requires experienced help.

If you or someone you care about is facing these charges, contact us. We’ll provide an honest assessment of your situation and explain how we can help with causing death by dangerous driving sentencing.

Call Scarsdale Solicitors on +44 (0) 161 660 6050

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