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Causing Death by Dangerous Driving

If you have caused the death of another person by dangerously driving a mechanically propelled vehicle on a road or other public place, you are guilty of an offence.

 

You will be considered to have driven dangerously if the way in which you drove fell far below that which would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous.

 

Defences

 

  1. That you were not driving.
  2. That the standard of driving did not fall far below what would have been expected.
  3. That it would not be obvious that driving in the way alleged would be dangerous.
  4. That driving a vehicle in its current state would not obviously be dangerous.
  5. That the driving was not on a road or other public place.
  6. That the deceased’s death was not caused by the alleged driving.

Penalty

 

Causing death by dangerous driving carries a maximum sentence of 14 years’ imprisonment. The rule of thumb is that any driver convicted of causing death by dangerous driving will be imprisoned. You must also be disqualified from driving and will not be allowed to drive again until you have passed another driving test.

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