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.
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 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.
If you or someone you know has been charged with Death by Dangerous Driving, it is essential that you obtain the best possible representation. We have experience of dealing with these cases – Call 0141 423 7389 now to discuss your situation.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.