There are a number of offences dealing with drivers who cause problems or danger when driving including:-
Causing death by dangerous driving [s.1 and s.2A Road Traffic Act 1988]

Dangerous driving [s.2 and s.2A Road Traffic Act 1988]

Careless and Inconsiderate driving [s.3 Road Traffic Act 1988].

Causing death by careless driving when under the influence of drink or drugs [s.3A Road Traffic Act 1988]
The comments below are general and should not be taken as a definitive statement of the law or procedure. Expert advise should always be sought on this area. We have not attempted to cover all the factors that may be relevant where an offence is alleged to have been committed.

DANGEROUS DRIVING - DEFINITION
See s.2A 1988 Act. Normally to convict a driver the prosecution has to prove that:-

The way he drives falls far below what would be expected of a competent and careful driver, and...

It would be obvious to a competent and careful driver that driving that in that way would be dangerous
The standard of driving is the only real issue and this has to be judged against the standard to be expected from a "competent and careful driver". The age, experience or physical or mental health of the driver is irrelevant as are his or her views on what happened. However a driver who makes a mistake which any driver might make is not necessarily guilty of Dangerous Driving. There has to be evidence that the driver fell "far below" the standard of a "competent and careful driver". This should be contrasted with evidence needed to secure a conviction for the lesser offence of Careless Driving.

The offence can be committed on "a road or other public place" e.g. certain car parks

SPEEDING
Anyone driving above the legal speed limit is at risk of prosecution for Dangerous Driving. In McQueen v Buchanan [1996] a driver was convicted of Dangerous Driving for travelling at 114mph along a single carriageway road subject to the national speed limit of 60mph even though traffic was light in both directions. In Trippick v Orr [1994] a driver travelling at the same speed on a dual carriage was convicted of the same offence even though visibility was excellent, the road surface was dry, the weather was good and the driver's car was in excellent condition. The court took the view that such a speed was dangerous in view of various potential hazards including other vehicles turning onto a road junction ahead.

VEHICLE CONDITION
Driving a defective vehicle can amount to Dangerous Driving "if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous" [s.2A(2) 1988 Act]. In R v Marsh(Michael) [2002] the driver of a lorry fitted with a loading crane failed to correctly secure the outriggers and legs used for stabilising the crane before setting off. One of the outriggers swung out from the lorry and struck 2 pedestrians one of whom later died. The driver was convicted of causing death by dangerous driving based on the state of the lorry.

CAUSING DEATH BY DANGEROUS DRIVING
The prosecution has to establish that the driver caused or contributed to the death of another person by driving "dangerously". The standard of driving does not have to be a "substantial cause or a major cause.....of the accident". Usually any degree of contribution beyond a negligible one will suffice. Accordingly if, for example, a driver is killed racing another vehicle along a public road the driver of the other vehicle could face prosecution for this offence as well as for Motor Racing on a Public Way [s.12 1988 Act].

PENALTIES
The following represent the maximum penalties but please remember the situation may be different for new drivers and those at risk of disqualification for "Totting Up". A prompt "guilty" plea may attract a discount on any fine imposed:-

Offence Court Section Imprisonment Fine Disqualification Penalty Points
Causing Death by Dangerous Driving Crown Court s.1 10 years Unlimited Obligatory [Min 2 years] Compulsory retest 3-11
Dangerous Driving Crown Court s.2 2 years Unlimited Obligatory. Compulsory retest 3-11
Magistrates s.2 6 months £5000 as above 3-11