Road traffic
Causing death by careless driving under the influence
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- See guideline / charging decision
- Maximum penalty
- life imprisonment for offences committed after 28 June 2022; otherwise 14 years' custody
Actus reus
- Cause death by driving an MPV on a road or public place without due care and attention, or without reasonable consideration, and at the time be unfit through drink or drugs, or over the prescribed/specified limit, or fail without reasonable excuse to provide a specimen (RTA 1988, s.3A — read the charged limb).
Mens rea
- Careless or inconsiderate driving plus the drink/drugs/fail-to-provide circumstance in s.3A. No intent to kill.
Defences
Driving not careless or inconsiderate · Not unfit / not over the limit / reasonable excuse for failing to provide · No causation of death · Not the driver
Sentencing Council
Sentencing Council guideline effective 01 July 2023. Offence range: 26 weeks – 18 years’ custody.
At the police station
Identify which s.3A circumstance is alleged. Specimens and MGDD go with the limit/unfit limb, not with s.2B.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.3A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗