Road Traffic Act 1988 Section 1: Causing death by dangerous driving
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.
Death by Dangerous Driving is a charge that is brought when a person dies and as a result of bad driving .The Crown have to prove the the identity of the driver.They also need to show that the standard of driving is far below that of a competent driver.Finally they have to show that the driving caused the death.An example would be a pedestrian who is knocked own crossing the road.An aggravating factor would be if the driver lost control and mounted the pavement and then hit the pedestrian.
Death by dangerous Driving is usually dealt with in the High Court and a conviction will normally result in a period of imprisonment.
The Penalty for Death by Dangerous Driving is a maximum prison sentence of 10 years and mandatory disqualification.
In Scotland the courts are taking a very unsympathetic look at this particular offence.It is highly unusual if a sentence of imprisonment is not imposed.In sentencing they look at the consequences of the drivers actions and any aggravating factors in the offence.An example would be if the driver had consumed alcohol and was above the legal limit at the time of the offence.The court would increase the length of the custodial sentence. You must also remember that the alcohol legal limit in Scotland has been reduced significantly.
How We Can Help
If you or someone you know has been charged with this Death by Dangerous Driving , it is essential that you obtain the best possible representation. We have experience of dealing with these cases – please click here to see one of our recent cases. Call 0141 423 7389 now to discuss your situation.