The Road Traffic Act 1988, Section 1

CAUSING DEATH BY DANGEROUS DRIVING

Official U.K. Legislation:

The Road Traffic Act 1988, Section 1

"A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence."

The Legal Test:

The driving must be dangerous and must have caused death.

The Road Traffic Act 1988, Section 2A - Meaning of Dangerous Driving

1. For the purposes of sections 2 a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—
1. the way he drives falls far below what would be expected of a competent and careful driver,and
2. it would be obvious to a competent and careful driver that driving in that way would be dangerous.
2. A person is also to be regarded as driving dangerously for the purposes of section 2 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
3. In subsections (1) and (2) above "dangerous" refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
4. In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

Warning Disclaimer

The information provided on this website is true and accurate to the best of our knowledge and belief. The information is intended to provide a basis for understanding the legislation. The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources.

Causing Death By Dangerous Driving FAQs

Penalties For Causing Death By Dangerous Driving:

A driver convicted of a contravention of section 1 of the Road Traffic Act 1988 faces a minimum 2 year disqualification AND an order to sit an extended test of competency to drive.

The Court has the power to impose a custodial sentence upon a driver. The maximum sentence for this offence is a period of imprisonment of 14 years. Only in the most exceptional of circumstances should a driver not expect to receive a custodial sentence in respect of this offence.

The Court will have regard to the following guidelines (from the Sentencing Council):

Nature Of Offence	Starting Point	Range
Level 1 The most serious examples of dangerous driving. A blatant disregard for others, deliberate ignorance of the law	8 years' custody	7-14 years' custody
Level 2 Driving that created a substantial risk of danger	5 years' custody	4-7 years' custody
Level 3 Driving that created a significant risk of danger	3 years' custody	2-5 years' custody

Aggravating Factors

Aggravating factors can be taken into account and may increase the length of any custodial sentence. Examples of aggravating factors are:

• Causing more than one death
• Causing serious injury to others involved in addition to the death(s)
• Being under the influence of drink or drugs
• Previous convictions - especially for driving offences including bad driving or alcohol or drug consumption before driving
• Driving whilst disqualified (Road Traffic Act 1988 Section 3ZC); without a licence or without insurance (Road Traffic Act 1988 Section 3ZB)
• Disregarding warnings in the course of driving
• Failing to stop after the incident; blaming the victim(s)
• Driving off to avoid detection/apprehension

Mitigating Factors

Mitigating factors can be taken into account and may decrease the length of any custodial sentence. Examples of mitigating factors are:

• Timing of guilty plea
• Injuries suffered by the offender
• Proximity of relationship between offender and deceased
• Lack of offender's driving experience
• Age of offender
• Alcohol or drugs were consumed unwittingly

Alternative Charges

If the standard of driving was careless as opposed to dangerous then the Jury may convict of the statutory alternative of Causing Death By Careless Driving (Road Traffic Act 1988, Section 2B):

"A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence."

Penalty for Causing Death By Careless Driving

On Summary Complaint: 1 years' disqualification (or 3 - 11 penalty points); up to 12 months' imprisonment (England and Wales); up to 6 months' imprisonment (Scotland)

On Indictment: 1 years' disqualification (or 3 - 11 penalty points); up to 5 years' imprisonment

Useful Links

Causing Death By Dangerous Driving Official Legal Advice

Official Legal Advice in Scotland

The Road Traffic Lawyer

Michael Lyon Solicitors

Michael Lyon Solicitors Limited is a team of highly specialised and experienced road traffic lawyers representing clients charged with motoring offences throughout Scotland. We hold a unique position in the market place due to our outstanding track record for successfully defending road traffic cases over the last decade. We restricted our practice solely to the defence of road traffic prosecutions in 2007 and have not looked back since. Our head office is located on High Street in Glasgow and our second office opened in Dumfries, directly across from Dumfries Justice of the Peace and Sheriff Court, back in 2011 to deal with the high number of speeding prosecutions emanating from the M74.

Over the years we have represented a broad range of clients from Police Officers to politicians and provided expert legal assistance in relation to thousands of road traffic cases in Scotland. Aside from regularly appearing in the Scottish media on matters of road traffic law over the last decade, Michael Lyon is also the accredited Consultant on the Road Traffic Offences and Disqualification section of The Stair Memorial Encyclopaedia, considered to be an essential text for solicitors practising road traffic law in Scotland.

If you are facing prosecution for any road traffic offence in Scotland, from dangerous driving down to a simple speeding charge, contact us today for expert legal representation. We can resolve many cases over the telephone free of charge.

Should the case merit legal representation, we will provide a clear fixed fee quotation to secure the services of our team of expert road traffic lawyers.