Death by dangerous driving is the most serious driving offence and carries significant penalties in England and Wales. It can result in life imprisonment in some instances, and in others, a lifetime driving ban. If you find yourself charged with death by dangerous driving, it can be difficult to understand what the charges mean, how to respond and what options are available to you.
At Switalskis, we know there are several defences for a death by dangerous driving charge and that you don’t necessarily have to plead guilty. We give anyone charged or suspected of dangerous driving advice and representation in court, ensuring you get the best outcome possible. Our solicitors will provide you with clear guidance, practical support and a calm, professional approach to help you work through your case. With years of experience handling serious motoring offences, we are here to protect your rights and explore ways you can move forward.
To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.
When you contact us, we’ll have an initial consultation to understand your circumstances and answer any questions you may have. We’ll listen to your account of the events, assess the details of your case, and provide a clear explanation of the legal process. This means you’ll know what to expect based on the decisions you make about your defence.
Death by dangerous driving is a motoring offence under Section 1 of the Road Traffic Act 1988. If you’ve been charged, the prosecution must prove that your driving fell far below the standard expected of a competent and careful driver and that this led to the death of someone else.
To prove this, they will focus on the specific circumstances of the incident, including whether your actions created a clear risk to others. Evidence often includes eyewitness accounts, CCTV footage and forensic reports. The court may also consider factors such as excessive speed, impaired driving or any behaviour that shows a disregard for safety as indications that driving was dangerous.
Examples of dangerous driving:
Understanding how the prosecution builds its case is crucial to your defence. We will review the evidence, challenge any inaccuracies and make sure that any mitigating factors are presented clearly and effectively.
Death by careless driving stems from a momentary lapse in attention or judgement, where the standard of driving falls below what is expected. Unlike dangerous driving, it does not involve deliberate risk-taking or actions that create a significant danger to others.
Depending on the circumstances of your case, it may be possible to demonstrate that the driving was careless rather than dangerous. This could lead to a less severe charge and reduced penalties if successful. We will thoroughly examine the evidence in your case to determine whether this distinction could play a part in building your defence.
If you’ve been charged with death by dangerous driving, it’s essential to understand the potential penalties, which are serious and vary depending on the circumstances of your case. The maximum sentence for offences committed after 28 June 2022 is life imprisonment. For earlier offences, the maximum penalty is 14 years in custody. Alongside a prison sentence, you may also face a mandatory driving disqualification of at least two years, and be required to pass an extended test before you can drive again.
Beyond imprisonment and driving bans, there can be financial implications. These can include court fines, legal costs or compensation claims brought by the victim’s family.
Understanding these potential outcomes is important, and Switalskis will work to make sure that all relevant factors are carefully presented on your behalf. In this way, we can be confident your sentence will not be unreasonable if you are convicted.
The court will consider several factors when determining your sentence. If there are aggravating factors, like evidence of prolonged dangerous driving, multiple fatalities or driving under the influence, this can lead to a harsher penalty. Prior motoring offences may also influence the court’s decision.
On the other hand, mitigating factors can reduce the severity of your sentence. These may include demonstrating genuine remorse, having no previous convictions or showing that the incident resulted from circumstances beyond your control, such as a sudden medical emergency or mechanical failure.
To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.
Facing a charge of death by dangerous driving can be an intimidating experience, but you don't have to do it alone. At Switalskis, we will guide you every step of the way so you feel supported and informed throughout. While each case is unique, here’s a step-by-step guide to how the process typically unfolds:
After an incident, the police will conduct a thorough investigation. This involves collecting forensic evidence, reviewing CCTV footage and interviewing witnesses to establish the circumstances of the accident. The findings from this investigation will form the basis of any charges brought against you. If you are invited to a police interview, you should speak to a solicitor as soon as possible before you attend.
If the police gather sufficient evidence, you will be formally charged with causing death by dangerous driving. At this stage, it’s critical to seek legal representation immediately. Early advice can make a significant difference to how your case progresses, and we’ll be on hand to help you understand your rights and options
Once you’ve engaged our legal team, we’ll start building a robust defence. This may involve gathering independent evidence, such as accident reconstructions or dashcam footage, as well as scrutinising the reliability of the prosecution’s evidence. We’ll leave no stone unturned in preparing your defence.
Cases of death by dangerous driving are usually heard in Crown Court. During the trial, the prosecution and defence will present their evidence, and witnesses may be called to testify. Our team will present your side of the story clearly and effectively and challenge any weaknesses in the prosecution’s case.
The court will carefully weigh all the evidence before reaching a verdict. If convicted, sentencing will consider both aggravating and mitigating factors. We will clearly demonstrate your circumstances to the court to help achieve the best possible outcome.
Our commitment to supporting you doesn't end even after the trial. We can assist with appeals, sentence reviews or applications for licence reinstatement.
Throughout this process, we'll explain what's happening and what it means for your case, to keep you informed of your choices.
Seek legal advice immediately. A solicitor can guide you through the process, protect your rights and begin preparing your defence.
Avoiding a custodial sentence can be possible, especially if there are factors in your favour, such as a clean driving record, no prior convictions or evidence of genuine remorse. Acting quickly is important - speak to us as soon as possible so we can examine your circumstances and build a strong case on your behalf.
Under the law in England and Wales, death by dangerous driving is not classified as a violent offence, as it does not involve intentional harm. However, it is treated as a very serious crime because of the loss of life and the potentially high level of negligence involved.
On average, it could take from several months to more than a year to conclude.
Unless a driving ban is imposed as part of your bail conditions, you may continue driving until the conclusion of your case.
If you decide to plead guilty, the case moves straight to sentencing. Entering a guilty plea early may reduce your sentence, although consulting a solicitor for advice on the best way forward is important. The court will still assess aggravating and mitigating factors before deciding on the penalty.
Even if you are considering a guilty plea, having legal representation is important. We will present your circumstances, such as remorse or other mitigating factors, to help you achieve the best possible outcome.
Reach out to us today for a free, no-obligation consultation by calling 0800 1380 458, or contacting us through the website.
Sarah Myatt joined Sky News crime correspondent Martin Brunt and journalist Helen Fospero on an exclusive true crime podcast ‘True Criminals’. The episode, ‘Wrongfully Convicted: The Peter Sullivan Story’ discusses the recent quashed conviction of Peter Sullivan, the UK’s longest serving victim of a miscarriage of justice.
Sarah Myatt, Solicitor Advocate and legal representative for Peter Sullivan, has spoken to Phil McCann at the BBC about the government’s proposed uplift in compensation for victims of miscarriages of justice.
The proposals made by the sentencing review are practical and rooted in a clear understanding of what drives reoffending, the question is: do they go far enough?
A landmark Court of Appeal ruling has quashed the conviction of Peter Sullivan - the UK’s longest serving victim of a miscarriage of justice - following a two decade-long campaign led by law firm Switalskis.
At Switalskis, our criminal law solicitors specialise in death by dangerous driving offences. If you need expert legal support, we’ll provide the following:
Facing a charge of death by dangerous driving can bring a lot of uncertainty, with unfamiliar legal language and processes to work through. We’re here to make everything clear. We’ll answer your questions, explain the complex parts in plain terms and keep you informed at every stage.
We understand how difficult the legal process can be for you. We’ll take the time to listen to your concerns, understand your circumstances and provide advice that’s right for you.
When you’re facing such a serious charge, you need an experienced legal team you can rely on. At Switalskis, we’ve handled many cases involving death by dangerous driving. We achieve the best possible outcomes for our clients. With our expertise on your side, you’ll be in safe hands.
Your rights matter, and we’re here to protect them throughout the legal process. We’ll effectively guide you, make sure your voice is heard, and work tirelessly to secure a fair and just resolution to your case.
If you are facing a death by dangerous driving charge, don’t face it alone. Call us today on 0800 1380 458 or contact us through our website.