Causing death by dangerous driving is the most serious motoring offence in the UK. It is committed when a person kills someone by driving a motor vehicle far below the acceptable standard on a road or in a public place.
If you are facing a charge of this offence, you may have wondered whether it can be defended. The key takeaway is that yes, you can defend a death by dangerous driving charge.
Ways to challenge death by dangerous driving charges
We will start by discussing the most common ways to defend a death by dangerous driving charge and achieve the best possible outcome. We’ll then move on to the legal process and steps involved.
Challenging standard of driving
This is the most frequently used defence for a charge of death by dangerous driving. It is a straightforward challenge to whether the driving met the threshold for ‘dangerous’ from a legal perspective.
It is not sufficient for the prosecution to demonstrate that the driving fell below the expected standard; they must prove that it fell far below the expected standard.
If the evidence suggests a momentary concentration or judgement lapse, rather than genuinely dangerous conduct, there may be grounds for a challenge.
Disputing causation
Disputing causation means arguing that the defendant’s driving did not legally or materially cause the victim’s death.
To convict a driver of causing death by dangerous driving in the UK, the prosecution must prove that the bad driving caused or substantially contributed to the fatality, beyond a reasonable doubt. If the defence successfully disputes causation, the charge cannot stand.
Mechanical failure
Mechanical failure refers to a sudden and unexpected vehicle defect. This may include a brake failure or a tyre blowout. If a mechanical failure caused the driver to lose control, this could form the basis of a valid defence.
It must be demonstrated that the driver had no prior knowledge of the fault. This would typically be a fault that would not have been identified during routine maintenance.
Sudden medical emergency
Sudden medical emergencies include a seizure or cardiac event; incidents that could not have been foreseen. In these cases, drivers may not be held criminally responsible for what followed the medical incident.
For a successful defence, it must be shown that the condition was unexpected and that the driver couldn’t have anticipated it.
Lesser alternative charge
It may be possible to secure a reduction in the seriousness of the offence to one carrying lesser penalties.
Evidence might not support death by dangerous driving in some cases, and indicate a lesser offence such as death by careless driving – including where drinks and drugs are involved.
The legal process
In this section, we will explain the process drivers can expect when facing a death by dangerous driving charge:
Police investigation
If a fatal collision has taken place, police will compile all available CCTV and dashcam footage and gather witness statements from road users or pedestrians who witnessed the incident.
Officers will also make collision investigation reports and examine forensic evidence. This may involve police visiting the scene of the incident to reconstruct the chain of events that led to the crash.
Formal charge
Once evidence has been gathered, the police will consider if it supports a charge. If there is sufficient evidence, you will typically be prosecuted in the Crown Court. This is where the most serious driving offence cases are heard.
Defence preparation
An experienced defence team of death by dangerous driving solicitors will scrutinise all of the prosecution’s evidence.
This process may involve consultation with accident reconstruction specialists, the commissioning of independent expert reports, and the challenging of weaknesses in the police findings.
Receiving early legal advice from a specialist solicitor can make a significant difference to the outcome. Legal guidance should ideally be received before or during the police interview stage.
At Auriga, our experienced team can review the evidence, advise on the available defences, and support you at every stage of the process.