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Death by dangerous driving - sentenced for life?

Major updates to UK-wide driving laws are coming as the Police, Crime, Sentencing and Courts Bill progresses through Westminster. With it looking likely that the Bill will complete its legislative passage very soon, motorists should be aware of the important legal changes the new year may bring.

Most crucially, the maximum sentence for causing death by dangerous driving is set to increase from 14 years to a life sentence. With such severe sentencing powers available to the court, if you are facing a charge of causing death by dangerous driving, it is more important than ever that you have a full and proper defence. Without specialist legal help, the impact on your and your family’s lives could be devastating. Talk to one of our criminal defence experts now on 0141 336 2020. 

What happens if you are charged with causing death by dangerous driving?

If you have been charged with causing death by dangerous driving or suspect you may face a charge, you must instruct a road traffic defence solicitor urgently. If you are found guilty, you can face a long prison sentence - currently up to 14 years, but soon to be as much as a life sentence when the Police, Crime, Sentencing and Courts Bill passes into law. 

After a serious traffic incident, the police will investigate the circumstances of the crash. They may invite you to attend the station for an interview. If you have not already, you should instruct a solicitor and ensure they accompany you to the interview. If you attend alone, you could jeopardise your case and put yourself at risk of receiving a higher sentence.

Current sentencing powers

Causing death by dangerous driving is one of the most serious motoring offences, and penalties for the crime reflect this. The current maximum sentence if you are convicted is:

• 14 years’ imprisonment;
•  a two-year driving ban;
• a compulsory extended repeat driving test.

The minimum sentence is: 

• 1 to 2 years’ imprisonment;
•  a two-year driving ban;
• up to 11 points on your licence.

Sentences can fall in between these two extremes and will depend on the circumstances of the case. Some defendants receive suspended sentences and serve their sentence in the community, rather than prison.

Aggravating and mitigating factors

When deciding your sentence, the judge will take into account aggravating and mitigating factors. Aggravating factors will increase your sentence, whilst mitigating factors will lower it. 

Examples of aggravating factors include: 

• having previous convictions for motoring offences;
• having committed parallel offences, for instance driving whilst disqualified;
• the offence having caused more than one person’s death, or serious injury to other victims;
• having displayed irresponsible behaviour like disregarding warnings, failing to stop or claiming that the victim caused the accident;
• leaving the scene to avoid being apprehended.

 Mitigating factors can include:

• having been seriously injured yourself in the collision;
• the victim having been a relative or close friend;
• the victim or a third party having significantly contributed to the likelihood of the accident happening or death being caused;
• entering a guilty plea.

Your defence solicitor will assess the best course of action in your case, and work accordingly to get you acquitted, mitigate your sentence or even reduce the severity of your charge, for example to causing death by careless driving. 

Speak to our Dangerous Driving Solicitors in Glasgow, Scotland

If you have experienced a serious traffic accident, you may be feeling shocked, disoriented and frightened about what will happen next. We are here to provide all the help and support you need. 

Keith J Tuck’s motoring offences team have handled many dangerous driving cases, including those involving death, serious injury and other aggravating factors. We hear your truth and build a solid defence designed to be as effective as possible in the courtroom. We put you and your family at the centre of everything we do, dedicating ourselves to achieving the most positive possible outcome for you. For immediate advice, call us urgently on 0141 336 2020 or complete our online enquiry form.