The offence of drive in a manner dangerous to the public is legislated by section 42 of the Road Transport (Safety and Traffic Management) Act (NSW). There are serious penalties if you are convicted of this offence.
What is ‘in a manner dangerous to the public’?
In the case of McBride the court commented that ‘dangerous to the public’ involves:
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‘The section speaks of a speed or manner which is dangerous to the public. This imports a quality in the speed or manner of driving which either intrinsically in all the circumstances, or because of the particular circumstances surrounding the driving, is in a real sense potentially dangerous to a human being or human beings who as a member or as members of the public may be upon or in the vicinity of the roadway on which the driving is taking place.’
In considering whether an offence has been committed the court will have regard to all the circumstances of the case, including:
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the nature, condition and use of the road on which the offence is alleged to have been committed,
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the amount of traffic that actually is at the time, or which might reasonably be expected to be on the road at that time.
Penalties for driving in a manner dangerous to the public
The court has the discretion to impose a number of penalties for the charge of driving in a manner dangerous to the public. If you plead guilty (or are found guilty) the court has the discretion not to record a conviction against you and thus you will not be disqualified from driving. This is called a section 10 dismissal of the charge whereby you are found guilty but not convicted. The court will consider several factors in determining whether you are an appropriate candidate for a section 10 dismissal such as your driving record, your good character, your need for a drivers licence and your early plea of guilty.
If you plead guilty (or are found guilty by the court) and the court does not order a section 10 dismissal of the charge they must at least impose the minimum disqualification period which is 12 months for your first offence and 2 years for your second or subsequent offence. The court also has the discretion to impose fines, a gaol term and community service orders. The possible penalties are detailed in the following table:
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PENALTIES
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Maximum court imposed fine
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$2,200
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$3,300
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Maximum gaol term
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9 months
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12 months
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Minimum disqualification
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12 months
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2 years
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Maximum disqualification
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Unlimited
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Unlimited
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Disqualification in the absence of a specific court order (automatic period)
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3 years
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5 years
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Defending the charge of driving in a manner dangerous to the public
There are a number of defences available to this offence. If you are successful in defending the charge this means you are found not guilty and no conviction is recorded against you. Such defences include:
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Duress,
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Necessity,
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Challenging the legitimacy of the charge on legal technicalities.
How can Prime Lawyers help?
Our criminal and traffic lawyers have a wealth of experience and knowledge in these matters. If you are pleading guilty to one of these charges we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge our lawyers will carefully consider and investigate all aspects of your matter and if there are any flaws in the prosecution’s case. We will advise you of your chances of successfully defending the matter. Our lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.
Please contact our firm on (02) 9521 2222 to speak with one of our lawyers today. Alternatively email your enquiry to us and we will contact you shortly.