Category Archives for Death by Careless Driving

Fatality cases

Fatality cases – what happens if I am unlicensed, uninsured or disqualified?

The most commonly known fatality offence would be that of causing death by dangerous driving. However, the law had to recognise culpability in cases whereby people may be culpable for causing death by driving in circumstances when they had no legal basis to be driving.

Causing death by driving – unlicensed or uninsured drivers

The offence falls within section 3ZB of the Road Traffic Act 1988.

The offence is triable either way, meaning it may be dealt with by the Magistrates’ Court or the Crown Court.

The maximum penalty in cases sent to the Crown Court is 2 years imprisonment, with a mandatory disqualification period of 12 months.

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death by dangerous driving and death by careless driving

Differences between death by careless driving and death by dangerous driving

These are two of the most serious motoring offences a person can be charged with. There are some similarities between the offences, for example, both offences are defined within the Road Traffic Act 1988 (RTA 1988), causing death by dangerous driving in section 1 and causing death by careless driving in section 2B; both offences require the defendant’s standard of driving to have caused the death of another; and the prosecution must prove the cases beyond all reasonable doubt. However, there are some significant differences which we will look at below.

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Recent case of Holder [2023] EWCA Crim 5, considered the difference between careless and dangerous driving

The recent case of Holder [2023] EWCA Crim 5, considered the difference between careless and dangerous driving, specifically in the context of the offences of causing death by dangerous driving and causing death by careless driving. Let’s have a look at a quick run-down of the facts of the case:

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