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Dangerous Driving Charges

There are a number of dangerous driving offences that you can be charged with. These include the following:

  • Drive in a Manner Dangerous to the Public (Dangerous Driving)
  • Drive at a Speed Dangerous to the Public (Dangerous Speeding)
  • Dangerous Driving Causing Death
  • Dangerous Driving Causing Grievous Bodily Harm (GBH)

If you are convicted of any of these offences, you can face serious penalties such as community service orders, good behaviour bonds, fines, disqualification of your driver’s licence and imprisonment in the more serious cases. 

If you have been charged with a dangerous driving offence you should not rush into pleading guilty. Our traffic lawyers will carefully consider the particular facts and circumstances in your case and advise you on whether you have a viable defence to the charge or whether you can possibly have the charge reduced to a lower charge. If it is the case that you do not have a defence and you are pleading guilty, our traffic lawyers will represent you at Court in having the punishment minimised.

Drive in a Manner Dangerous to the Public (Dangerous Driving)

This offence is created by section 42 of the Road Transport (Safety and Traffic Management) Act NSW. In determining whether to convict someone of this offence, the Court will consider several factors such as:

  • The nature, condition and use of the road at the time the offence was allegedly committed and;
  • The amount of other vehicles that was observed and/or is usually on the road at the time of the offence.

The penalties for Drive in a Manner Dangerous to the Public (Dangerous Driving) are outlined in the table below: 

PENALTIES

 FIRST OFFENCE

 SECOND OR SUBSEQUENT OFFENCE

Maximum court imposed fine

 $2,200

 $3,300

Maximum gaol term

 9 months

12 months

 Minimum disqualification

 12 months

2 years

 Maximum disqualification

 Unlimited

 Unlimited

 Disqualification in the absence of a specific court order (automatic period)

 3 years

 5 years

Drive at a Speed Dangerous to the Public (Dangerous Speeding)

This offence is also created by section 42 of the Road Transport (Safety and Traffic Management) Act NSW. If you are charged with this offence, you may also be charged with excessive speeding or 45km/h or over. Our traffic lawyers can advise you whether it is possible to enter a plea of guilty, defend your matter and have one of your charges withdrawn or reduced. They can also advise you, on the circumstances of your offence and whether your conduct of speeding would be considered ‘dangerous’ by the Court.

The penalties for Drive at a Speed Dangerous to the Public (Dangerous Speeding) are outlined in the table below: 

PENALTIES

 FIRST OFFENCE

 SECOND OR SUBSEQUENT OFFENCE

Maximum court imposed fine

 $2,200

 $3,300

Maximum gaol term

 9 months

12 months

 Minimum disqualification

 12 months

2 years

 Maximum disqualification

 Unlimited

 Unlimited

 Disqualification in the absence of a specific court order (automatic period)

 3 years

 5 years

Dangerous Driving Causing Death

The offence of dangerous driving causing death imposes lengthy imprisonment sentences and is outlined in section 52A(1) of the Crimes Act (NSW). A person is guilty of this offence if at the time of the impact, they were driving the vehicle under the influence of liquor or a drug, at a speed dangerous to another person or in a manner dangerous to other persons. The maximum imprisonment sentence for this offence is ten years and the charge of aggravated dangerous driving causing death has a maximum imprisonment sentence of 14 years. 

If you have been charged with this offence you should seek advice from our experienced traffic and criminal lawyers. We will advise you on whether you have a viable defence to the charge or whether you can have the charge reduced to a less serious charge. If you are pleading guilty we will represent you at Court to have the punishment minimised.

Dangerous Driving Causing Grievous Bodily Harm (GBH)

The offence of dangerous driving causing grievous bodily harm also imposes lengthy imprisonment sentences and is outlined in section 52A(3) of the Crimes Act (NSW). ). A person is guilty of this offence if at the time of the impact, they were driving the vehicle under the influence of liquor or a drug, at a speed dangerous to another person or in a manner dangerous to other persons. The maximum imprisonment sentence for this offence is 7 years and the charge of aggravated dangerous driving causing grievous bodily harm has a maximum imprisonment sentence of 11 years. 

How can Prime Lawyers help me?

Our traffic lawyers are experienced in representing those who have been charged with all forms of dangerous driving offences. We do not assume you are guilty just because you have been charged with an offence. When we meet with you, we will carefully analyse the facts and circumstances particular to your case and advise you on whether we can defend your charge on legal technicality or other grounds. 

Our traffic lawyers are also experienced in negotiating with the Police in having your charge reduced to a less serious charge. In cases where you are pleading guilty, we will thoroughly prepare your case for the sentencing hearing to ensure you receive the least serious penalty possibly.

If you have been charged with any of the above dangerous driving offences, seek legal advice from one of our traffic lawyers now on (02) 9521 2222. You can also send your enquiry online now and we will call you shortly.

A member of our legal team will contact you as soon as possible
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