Solicitors in Birmingham

Death by Dangerous Driving FAQs

What factors are taken into consideration when determining the severity of the punishment for death by dangerous driving?

Clearly the offence is a serious one. Factors which will be taken into consideration upon a successful prosecution and if relevant are: any previous traffic offences the defendant has; the behaviour of the defendant after the incident (e.g. was it a hit and run?); driving whilst using a mobile or other types of communication devices; driving whilst tired; the number of victims killed or injured; the state of the vehicle with regards to roadworthiness; whether the driver was speeding; whether the driver was drunk or under using drugs; driving recklessly; driving without a license or during the period of a driving ban.

What factors are likely to reduce the severity of the punishment for death by dangerous driving?

Like most criminal cases, a range of factors and the surrounding circumstances are taken into account at the time of sentencing.  Some crimes can become politically charged, which can in turn influence the Home Office guidelines for that specific offence.  In general, however, the following specific factors will always be relevant: whether the defendant has a clean license or not; whether the defendant has made a guilty plea or not; unequivocal evidence of remorse; a serious or debilitating injury suffered by the defendant; the age of the defendant and whether a lack of experience was relevant in determining how the he or she reacted during the incident.

What is the actual punishment for death by dangerous driving?

Between three and fourteen points on the license; a minimum two year ban and up to fourteen years imprisonment.  Anyone convicted must also re-take a driving test to get their license back.

What has to be shown in order for a drink driving prosecution to be made?

It has to be shown that the driver of the vehicle had a level of alcohol in their body above the limit set by the law.  Any prosecution must be made on the basis of evidence that shows that the driver had: 35 microgrammes of alcohol in 100 millilitres of breath; 80 milligrammes of alcohol in 100 millilitres of blood or 107 milligrammes of alcohol in 100 millilitres of urine.

How is evidence of drink driving collected?

In most cases, the police will take a breath specimen at the roadside using a breathalyzer.  If the driver fails at this point, he will be arrested and taken to a local police station.  At the station, must confirm the amount of alcohol level in the blood through taking another specimen of breath, a sample of urine or blood, which must be sent away for laboratory testing.  A blood sample must always be taken by a doctor.

What defences to drink driving are available?

Each case must be examined on its facts to find evidence of improper procedures on the part of the police.  It could be shown that:

The breathalyzer was in poor working order and not properly calibrated.

The procedural rules under Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 were not properly followed when samples of breath, urine or blood were taken.

In some cases, drivers may not be over the limit at the time of driving, but consume alcohol before being tested.  This defence, known as the “hip flask” defence may be used to show that the driver was not actually over the limit when they were driving.

What is the punishment for drink driving?

The punishment for drink driving can be a combination of a fine, up to six months imprisonment and a driving ban of one year minimum.  If the offender has committed a prior drink driving offence within the past ten years, the driving ban will be for a minimum of three years.