Negligent or Dangerous Driving
What is Negligent or Dangerous Driving?
Depending on the seriousness, there are numerous offences a person can be charged with that relate to negligently driving dangerously on the road.
Where police allege you are driving recklessly, furiously or at a speed or manner dangerous, you will be charged pursuant to section 117 Road Transport Act 2013.
Where a person drives and either occasions grievous bodily harm or death to another, you will be charged under section 52A Crimes Act 1900 (NSW).
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Our passionate traffic lawyers have experience representing clients charged with Negligent or Dangerous Driving.
When to reach out to a traffic lawyer
It is very important to speak to an expert traffic lawyer who is able guide you on how best to prepare or defend traffic offences such as this.
We are available 24/7 to provide tailored legal advice to your specific case.
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FAQ
What is ‘Negligent Driving’?
Negligent Driving is where a person is deemed to have been driving ‘without the due care and attention reasonably expected of the ordinary prudent driver’.
Will I lose my licence if charged with Negligent Driving?
Where there is no injury or death, you will not face any disqualification period.
However, if there is death or injury occasioned, you will be looking at between 1-2 years disqualification.
Will I lose my licence if charged with Dangerous Driving?
If you are convicted of the offence, the starting point is between 1-3 years of disqualification. This increases where it is your second or a subsequent major traffic offence within the last 5 years.
Having a traffic lawyer on your side is crucial when trying to reduce the disqualification period as far as possible.
Can I defend the charge of Negligent or Dangerous Driving?
Yes. Some of the available defences are as follows:
- Mistaken identity – it was not you driving;
- You were not driving in the manner police alleged you were;
- Your driving did not cause death or grievous bodily harm to another;
- The manner you drove was due to a mechanical defect/failure of the vehicle (ie the vehicle defected which caused you to lose control and in no way due to any fault of you)
- Duress or necessity.
Is there a benefit to Pleading Guilty?
You will receive a mandatory 25% discount on sentence in circumstances where you plead guilty at the earliest opportunity.
Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.
What do police have to prove for Negligent Driving?
Police need to prove that you:
- Drove a vehicle; and
- You did so negligently.
Where it is alleged that you have occasioned grievous bodily harm or death, the police need to prove that this happened as a result of your negligent act.
What is ‘Dangerous Driving’?
Section 117(2) states that a person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manger dangerous to the public.
Your driving must have ‘create[d] a danger, real or potential, to the public’.
The court will have regard to:
- The nature and condition of the roadway that the offence is alleged to have occurred;
- The level of traffic on the road (whether it was at night, or peak hour etc);
- Any hazards or obstructions on the road at the time.
What are the maximum penalties?
- Negligent Driving (s117(1)(c)) – $1,100 fine.
- Negligent Driving occasioning death (s117(1(a)) – $3,300 and/or 18 month imprisonment.
- Negligent Driving occasioning grievous bodily harm (s117(1(b)) – $2,200 and/or 9 months imprisonment.
- Dangerous Driving (s117(2)) – $2,200 fine and/or 9 months imprisonment.
Should I enrol in the Traffic Offenders Program?
We recommend engaging in an approved Traffic Offenders Program in circumstances where you are pleading guilty.
By engaging in an accredited program, this will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.
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Or contact us at (02) 8067 8361