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Dangerous driving, careless driving and causing death or serious injury by driving

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Dangerous driving (Road Traffic Act 1988 s.2) carries up to 2 years and an obligatory ban with extended retest; careless driving (s.3) carries an unlimited fine and 3 to 9 points. Causing death by dangerous driving (s.1) or by careless driving under the influence (s.3A) carries up to life imprisonment for offences from 28 June 2022.

The offences

Maximum sentences

Disqualification and retest

Every offence above except careless driving carries obligatory disqualification (Road Traffic Offenders Act 1988 s.34): at least 12 months; 2 years for ss.1A, 3ZC and 3ZD; 5 years for ss.1 and 3A (offences from 28 June 2022). Longer minimums apply to some repeat offenders. An extended retest is compulsory after ss.1, 1A, 2, 3ZC and 3ZD (s.36). Careless driving carries 3 to 9 points or a discretionary ban.

Sentencing

Under the Sentencing Council guideline (from 1 July 2023), causing death by dangerous driving has starting points of 12, 6 or 3 years by culpability, within a 2 to 18 year range. For convictions from 22 March 2026, a prison term of 12 months or less must usually be suspended.

Notice of intended prosecution

For dangerous and careless driving, the driver must be warned at the time, or a summons or notice served on the driver or registered keeper within 14 days (RTOA 1988 s.1), unless an accident occurred at the time owing to the vehicle's presence on the road (s.2).

Changes not yet in force

Crime and Policing Act 2026 s.141 creates offences of causing death or serious injury by dangerous or careless cycling (maximum life for causing death by dangerous cycling). Not yet in force.

In practice

Whether driving was careless or dangerous is often the key dispute. Early advice from a solicitor matters.

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Authorities: Road Traffic Act 1988 ss.1, 1A, 2, 2A, 2B, 2C, 3, 3ZA, 3ZB, 3ZC, 3ZD, 3A; Road Traffic Offenders Act 1988 ss.1, 2, 34, 36 and Schs.1, 2; Criminal Justice Act 2003 ss.281(7), 282 (in force 2 May 2022); Police, Crime, Sentencing and Courts Act 2022 ss.86, 87 (in force 28 June 2022); Crime and Policing Act 2026 s.141 (not yet in force); Sentencing Act 2026 s.1; R v Hughes [2013] UKSC 56; Sentencing Council, Causing death by dangerous driving, Dangerous driving, Causing serious injury by careless or inconsiderate driving, Causing death by careless or inconsiderate driving and Careless driving guidelines; CPS, Road Traffic - Fatal Offences and Bad Driving

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