The 51-year-old was allegedly at the wheel of his gold X-Type Jaguar when it was involved in a collision with an Audi A4 that had broken down on the southbound M1, near Rotherham.

South Yorkshire Police said last night they had received advice from the Crown Prosecution Service on the case and planned to issue a summons shortly.

Yesterday Lord Ahmed, who became the country's first Muslim peer in 1998, was unavailable for comment at his Rotherham home and his solicitor Steve Smith said there would be no reaction.

A South Yorkshire Police spokesman said a 51-year-old Rotherham man would be issued with a summons to appear at Sheffield Magistrates' Court "in relation to driving his motor car dangerously on the southbound carriageway of the M1 between junctions 40 and 35 on December 25, 2007".

The crash victim, Slovakian Martyn Gombar, died instantly in the impact, while the Labour peer – official title Lord Ahmed of Rotherham – suffered severe facial injuries and shock.

The dead man lived in the Leigh area of Lancashire. His passenger, also a Slovakian, was arrested and questioned.

Lord Ahmed, along with three other people, was taken to Rotherham District General Hospital where he was treated for his injuries and allowed home.

The father-of-three was only minutes from his home when the tragedy happened. His passengers, his wife Sakina Bibi, 49, and his mother, in her mid-80s, also suffered bruising.