Negligent/Dangerous Driving
Negligent/Dangerous Driving Offences
Both dangerous and negligent driving are serious offences in New South Wales, carrying significant penalties. While dangerous driving involves more severe conduct, negligent driving occurs due to carelessness or lack of attention.
Dangerous Driving Offences
Common dangerous driving charges include:
- Section 52A(1): Dangerous driving occasioning death
- Section 52A(2): Aggravated dangerous driving occasioning death
- Section 52A(3): Dangerous driving occasioning grievous bodily harm
- Section 52A(4): Aggravated dangerous driving occasioning grievous bodily harm
Dangerous Driving Occasioning Death
What the Prosecution Must Prove:
- You caused the death of another person in a vehicle collision.
- You were driving under the influence, at a dangerous speed, or in a dangerous manner.
Penalties:
- Maximum Penalty: 10 years imprisonment
- Disqualification: 3 years (minimum 12 months).
Aggravated Dangerous Driving Occasioning Death
What the Prosecution Must Prove:
- You caused the death in a collision.
- You were driving under the influence, 45 km/h over the speed limit, or attempting to evade police.
Penalties:
- Maximum Penalty: 14 years imprisonment
- Disqualification: 5 years (minimum 2 years).
Dangerous Driving Occasioning Grievous Bodily Harm
What the Prosecution Must Prove:
- You caused grievous bodily harm in a collision.
- You were driving under the influence, at a dangerous speed, or in a dangerous manner.
Penalties:
- Maximum Penalty: 7 years imprisonment
- Disqualification: 3 years (minimum 12 months).
Aggravated Dangerous Driving Occasioning Grievous Bodily Harm
What the Prosecution Must Prove:
- You caused grievous bodily harm in a collision.
- You were driving under the influence, 45 km/h over the limit, or to evade police.
Penalties:
- Maximum Penalty: 11 years imprisonment
- Disqualification: 5 years (minimum 2 years).
Negligent Driving Offences
Negligent driving occurs when you cause an accident due to lack of care or attention, such as not following road rules or not paying attention.
Types of negligent driving include:
- Section 117(1)(c): Negligent driving
- Section 117(1)(b): Negligent driving occasioning grievous bodily harm
- Section 117(1)(a): Negligent driving occasioning death
Negligent Driving (General)
Penalties:
- Fine: $481 and 3 demerit points
- Court Penalty: $1,100, 12-month disqualification (minimum 3 months).
Negligent Driving Occasioning Grievous Bodily Harm
Penalties:
- Maximum Fine: $2,200
- Imprisonment: Up to 9 months
- Disqualification: 3 years, reduced to 12 months for first offences.
Negligent Driving Occasioning Death
Penalties:
- Maximum Fine: $3,300
- Imprisonment: Up to 18 months
- Disqualification: 3 years, reduced to 12 months for first offences.
Defences to Dangerous and Negligent Driving
Defences may include:
- Mistaken Identity
- Honest and Reasonable Mistake of Fact
- Duress or Necessity (e.g., driving to avoid danger)
Need Legal Help with Driving Charges?
Dangerous and negligent driving charges can have serious consequences. IMS Lawyers Australia can help you navigate the legal process and achieve the best possible outcome.
Contact IMS Lawyers Australia for expert legal advice and representation.
