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 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 driver’s 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.