Dangerous driving causing death

Pub07

I am looking for info on the charge of "dangerous driving causing death". I found this http://armstronglegal.com.au/web/pageid/264, which is info on the charge in Australia. Is there any similar info available for the charge in Ireland, specifically what determines dangerous driving causing death and what penalties can be imposed?

Tom Young

Yes:

Road Traffic Act - 1961.

Extension of personal liability for negligent use of mechanically propelled vehicle.
117.—(1) The liability of any person for injury to person or property (other than injury to person causing death) caused by the negligent use of a mechanically propelled vehicle shall not be limited to himself or be terminated by his death but shall continue after his death and be a liability of his real and personal estate in like manner and with the like priority as a debt or other liability under a simple contract and proceedings may be instituted against his personal representative in respect thereof.
(2) Proceedings instituted against any person for damages in respect of injury to person or property (other than injury to person causing death) caused by the negligent use of a mechanically propelled vehicle shall not abate on his death but may be continued against his personal representative.

johnnyskeleton

Section 53 of the Road Traffic Act, 1961 as amended.

Dangerous driving is driving in a public place in a manner, including speed, which, with regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public.

Where dangerous driving causes death or serious bodily harm to another person there is a maximum sentence of 10 years imprisonment and/or a fine.

Tecnically, breaking the speed limit, ignoring a traffic sign or crossing an unbroken line are dangerous driving, but because this is such a serious offence, the driving really needs to be dangerous by a general standard. I can't really state it any further, because it is up to a jury to hear the evidence and decide if the actions would constitute dangerous driving as set out above.

Pub07

If there is drink involved, does it automatically constitute dangerous driving as it does in Australia? Say if the person is two or three times the legal limit, I would imagine it would as it is implicitly dangerous to drive with this level of alcohol in the system but I'm wondering what the legal situation is.

johnnyskeleton

Pub07 wrote: »

If there is drink involved, does it automatically constitute dangerous driving as it does in Australia? Say if the person is two or three times the legal limit, I would imagine it would as it is implicitly dangerous to drive with this level of alcohol in the system but I'm wondering what the legal situation is.

It's not. What constitutes dangerous is an issue of fact, not law. The reality is that joe juryman would probably think that being 3 times the limit is in itself dangerous, but a judge cannot direct them to find so.

I also think it wouldn't be inconsistent if a jury convicted of drink driving but not dangerous driving causing death based on the same set of facts.

Croc

Pub07 wrote: »

If there is drink involved, does it automatically constitute dangerous driving as it does in Australia? Say if the person is two or three times the legal limit, I would imagine it would as it is implicitly dangerous to drive with this level of alcohol in the system but I'm wondering what the legal situation is.

The short answer us "NO"

I have never seen anyone charged with dangerous driving just cause they were drunk at the time, they would actually have to be engaged in driving that was actually dangerous. e.g. Driving Through a red light would not be considered Dangerous but if they hit an oncoming car it would.

You must also consider that they can be charged with Section 52 "Careless Driving". Section 51 "Driving without due care and attention".

Pub07

Ok, so being over the limit does not automatically imply dangerous driving. What about the following scenario - You are two or three times the legal limit. You are not going at excessive speed or swerving all over the road, but you cause an accident that leads to someone's death, an accident that happened due to an extreme lack of awareness due to your alchohol level. Would this be dangerous driving causing death?

Croc

I would assume that you could be looking at a charge of dangerous driving causing death, but it would depend on the exact circumstances

johnnyskeleton

Pub07 wrote: »

Ok, so being over the limit does not automatically imply dangerous driving. What about the following scenario - You are two or three times the legal limit. You are not going at excessive speed or swerving all over the road, but you cause an accident that leads to someone's death, an accident that happened due to an extreme lack of awareness due to your alchohol level. Would this be dangerous driving causing death?

Yes, but it is the extreme lack of awareness more than the alcohol content that would be the dangerous driving part.

Don't forget, there's always manslaughter.