Anyone can be prosecuted for death by dangerous driving.

Causing death by dangerous driving is a serious criminal offence under Section 1 of the Road Traffic Act 1988 in England and Wales. It occurs when a person’s driving falls far below the standard expected of a competent driver, and that dangerous driving results in the death of another person.

Dangerous driving typically involves actions that create a significant risk to others on the road, such as:

• Excessive speeding.

• Reckless overtaking or ignoring traffic signals.

• Driving while under the influence of alcohol or drugs.

• Using a mobile phone or being otherwise distracted while driving.

The law considers the term "dangerous" objectively, meaning it doesn’t depend solely on the driver’s intentions or awareness of the risk. Instead, it’s based on whether the driving would be obviously dangerous to a careful and competent driver.

Yes, in some cases, it is possible to plead guilty to a lesser offence, such as Causing Death by Careless or Inconsiderate Driving, rather than Causing Death by Dangerous Driving. This typically depends on the circumstances of the case and whether the prosecution accepts that your actions amounted to careless rather than dangerous driving.

What is the difference between careless and dangerous driving?

The key distinction lies in the standard of driving:

• Dangerous driving

  : Your driving fell far below the standard expected of a competent driver and created a clear risk of danger.

• Careless driving

  : Your driving fell below, but not far below, the standard expected of a competent driver, and you did not show proper care or attention.

For example, a momentary lapse of concentration might be considered careless, while deliberate recklessness or grossly unsafe behaviour is classed as dangerous.

How can this affect your case?

If your legal team can successfully argue that your driving was careless rather than dangerous, the prosecution may agree to accept a plea to the lesser offence. The penalties for Causing Death by Careless Driving are less severe, with a maximum sentence of 5 years’ imprisonment and a driving disqualification of at least 1 year. This is significantly less harsh than the penalties for Causing Death by Dangerous Driving.

What factors might support a plea to a lesser offence?

• Evidence of mitigating circumstances, such as poor road conditions or unexpected actions by other road users.

• A lack of intent or awareness of the risk created by your driving.

• Expert testimony or analysis challenging the prosecution’s interpretation of events.

What should you do?

Pleading to a lesser offence is not automatic—it requires skilled negotiation and a thorough understanding of the evidence. An experienced solicitor can evaluate your case, identify weaknesses in the prosecution’s argument, and work to secure the best possible outcome for you. Contacting a legal expert early can make all the difference in exploring this possibility.

It is possible to get bail if you are accused of causing death by dangerous driving. Bail allows you to remain free while your case is being investigated or prepared for court, rather than being held in custody. However, whether bail is granted depends on the specifics of your case and the decision of the court.

Factors influencing the decision to grant bail in a death by dangeorus driving case.

The court will consider several factors when deciding whether to grant bail, including:

• Risk of flight

  : Whether you are likely to fail to attend court if released.

• Risk to the public

  : Whether there is a concern you may commit further offences or pose a danger to others.

• Interference with the investigation

  : Whether there is a possibility you may tamper with evidence or influence witnesses.

• The seriousness of the offence

  : While causing death by dangerous driving is a grave charge, bail is often granted unless there are specific aggravating factors, such as a history of similar offences or attempts to evade responsibility.

Conditions of bail

If bail is granted, the court may impose conditions to ensure compliance, such as:

• Surrendering your passport to prevent travel abroad.

• Regularly reporting to a police station.

• Residing at a specific address.

• Avoiding contact with certain individuals, such as witnesses.

What happens if bail is refused in a death by dangerous driving case?

If bail is denied, you will be held in custody until your trial or the next hearing. Your solicitor can apply for a further bail hearing if circumstances change or new information becomes available.

How can a solicitor help?

An experienced solicitor can present strong arguments in favour of granting bail, emphasising your ties to the community, good character, and willingness to comply with bail conditions. Early legal representation ensures your case is prepared thoroughly, giving you the best chance of securing bail. If you’ve been accused, don’t face the process alone. Seek expert advice to protect your rights and freedom.