Dangerous driving charges can carry severe penalties. Not only can your licence be disqualified for lengthy times, you can also be imprisoned depending on what form of dangerous driving you have been charged with. Often, people will plead guilty to one of these charges without knowing that they could have possibly defended the matter or had the charge reduced to a lesser charge (which carries lesser penalties).
Our traffic lawyers are experienced in dangerous driving cases. We carefully analyse your case and advise you on not only what penalties to expect if pleading guilty, but also if you can defend your matter (and therefore be found ‘not guilty’) or have the charge reduced to a lesser offence.
If you have any questions or need legal representation for a dangerous driving charge, feel free to contact our traffic lawyers on
(02) 9521 2222. You can also
send your enquiry online now and we will contact you shortly.
Drive in a Manner Dangerous to the Public (Dangerous Driving)
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). 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.
The penalties for this offence are as follows:
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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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Drive at a Speed Dangerous to the Public (Dangerous Speeding)
This offence is also legislated by section 42 the Road Transport (Safety and Traffic Management) Act (NSW). It is common to be charged with this offence as well as the offence of speeding 45 km/h over. In such cases it may be possible to have one of the charges withdrawn and plead guilty to the other charge. Our traffic lawyers can advise you whether this is a viable option for you. There are a variety of factors that are considered in determining whether you were speeding ‘dangerously’. It may be possible to defend your matter or have the Police drop a charge of dangerous speeding to a less serious offence.
The penalties for dangerous speeding are as follows:
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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
|
|
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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Dangerous Driving Causing Death
The charge of dangerous driving causing death is a criminal charge and will therefore appear on your criminal record if you are convicted. Severe imprisonment periods can be imposed if you are convicted of this offence. It is important to seek legal advice from an experienced criminal and traffic lawyer if you have been charged with this offence.
Section 52A(1) of the Crimes Act defines the offence of dangerous driving causing death as follows:
1. Dangerous driving occasioning death - A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
a. under the influence of intoxicating liquor or of a drug, or
b. at a speed dangerous to another person or persons, or
c. in a manner dangerous to another person or persons.
The maximum penalty for dangerous driving causing death is imprisonment for 10 years. If you are convicted of aggravated dangerous driving causing death, the maximum penalty is 14 years imprisonment. Contact our criminal and traffic law team on (02) 9521 2222. We can advise you on the likely penalties you face, if you can defend your charge or possibly negotiate with the Police to lessen what they are charging you with.
Dangerous Driving Causing Grievous Bodily Harm (GBH)
This charge is also a serious criminal offence and lengthy imprisonment periods can be imposed. Section 52A(3) of the Crimes Act (1900) NSW defines the offence of dangerous driving causing grievous bodily harm:
A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:
a) under the influence of intoxicating liquor or of a drug, or
b) at a speed dangerous to another person or persons, or
c) in a manner dangerous to another person or persons.
The maximum penalty for dangerous driving causing grievous bodily harm is imprisonment for 7years. If you are convicted of aggravated dangerous driving causing grievous bodily harm, the maximum penalty is 11 years imprisonment. It is sometimes arguable whether grievous bodily harm has been inflicted or whether the offence was aggravated. Our criminal and traffic lawyers will carefully analyse your case to determine whether you can defend the charge, or have the charge reduced to a less serious driving charge.
If you have been charged with a dangerous driving charge, or have any questions, please call us on
(02) 9521 2222. You can also
send your enquiry online now and we will contact you shortly.