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).

For driving recklessly, furiously or at a speed or manner dangerous, the maximum penalty is 9 months and/or up to a $2,200 fine.

 In circumstances causing grievous bodily harm – the maximum penalty is 7 years imprisonment.

In circumstances causing death – the maximum penalty is 10 years imprisonment. 

If convicted by the court, you can be disqualified between 1-3 years from driving for any of the offences.

It is important to speak to our criminal lawyers today who will be able to guide and advise you on maximising your chances at avoiding serious penalties and lengthy disqualification periods. Where death is occasioned, the court will impose very serious penalties so it is important to get the right legal advice prior to appearing in court.

For an offence of driving recklessly, furiously or at a speed or manner dangerous (s 117 Road Transport Act 2013), the police must prove the following:

1. You drove a motor vehicle;

2. At that time, you drove:

   1. Furiously;

   2. Recklessly;

   3. At a speed dangerous; or

   4. In a manner dangerous.

Where the offence falls within the Crimes Act and results in the death or grievous bodily harm of another, the following must be proved beyond reasonable doubt:

1. You drove a motor vehicle;

2. You were driving:

   1. Under the influence of alcohol; or

   2. At a speed dangerous to another person; or

   3. In manner dangerous to another person.

3. Either death or grievous bodily harm was occasioned to another person as a result.

Defences

1. Mistaken identity – it was not you driving;

2. You were not driving in the manner police alleged you were;

3. Your driving did not cause death or grievous bodily harm to another;

4. 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)

5. Duress or necessity.

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.

25% Utilitarian Discount

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.