Traffic & Driving Lawyers › Dangerous Driving
Dangerous & Negligent Driving Lawyers — Serious Charges Require Serious Representation.
Dangerous driving occasioning death or grievous bodily harm, and negligent driving causing injury, are among the most serious traffic offences in Australian criminal law — carrying substantial terms of imprisonment and lengthy licence disqualifications. A traffic lawyer advises on available defences, manages the brief of evidence, and represents you through to trial in the Local Court or District Court to achieve the best possible outcome.
⚠ Dangerous driving charges carrying risk of imprisonment are indictable offences — early engagement of a lawyer to review the brief of evidence and advise on plea is critical. Get urgent legal advice now.
Dangerous Driving Matters We Handle
From negligent driving to dangerous driving occasioning death — all serious traffic offences.
Dangerous Driving Occasioning Death
Dangerous driving occasioning death under s52A of the Crimes Act 1900 (NSW) is one of the most serious traffic offences — carrying a maximum 10 years imprisonment (or 14 years in aggravated circumstances involving alcohol, excessive speed, police pursuit, or sleep deprivation). A traffic lawyer reviews the brief of evidence, advises on the available defences (causation, sudden emergency, and mechanical failure), and manages the case through to sentence or trial in the District Court.
Dangerous Driving Occasioning GBH
Dangerous driving occasioning grievous bodily harm under s52A Crimes Act 1900 (NSW) carries a maximum 7 years imprisonment (or 11 years in aggravated circumstances). The offence requires proof that the driving caused the GBH — creating a causation defence where the victim's own actions contributed to the injury. A lawyer reviews the accident reconstruction evidence, the medical evidence of the victim's injuries, and the circumstances of the driving to identify all available defences.
Negligent Driving Causing Injury or Death
Negligent driving causing injury or death is a less serious charge than dangerous driving — it is typically dealt with in the Local Court and does not require proof of dangerous driving, only negligent driving. However, a conviction for negligent driving causing death or serious injury still carries a real risk of imprisonment and a significant licence disqualification. A lawyer reviews the police reconstruction of the accident and the evidence of negligence — and advises on whether the charge should be defended or resolved by plea.
Police Pursuit Offences
Failing to stop for police (police pursuit or "skye's law" offences) is a serious aggravated offence in NSW — under s51B of the Crimes Act 1900 carrying 3 years imprisonment for the basic offence and 5 years for the aggravated offence (where the driving causes death or GBH during the pursuit). A lawyer advises on the available defences — including whether the driver was aware that police were attempting to stop them — and the mitigation available if a plea is entered.
Hit and Run Offences
Failing to stop and assist after a motor vehicle accident causing injury or death is a serious criminal offence in every Australian state. The penalties vary by state — but typically include imprisonment and a substantial licence disqualification. A lawyer advises on the available defences (including whether the driver was aware that an accident had occurred and whether another person was injured) and the mitigation available to avoid imprisonment.
Appeal Against Sentence for Traffic Offences
Where a sentence for a dangerous or negligent driving offence is manifestly excessive — in particular where a term of imprisonment has been imposed — an appeal to the District Court (from the Local Court) or the Court of Criminal Appeal (from the District Court) can be brought. A lawyer advises on the prospects of a sentence appeal and the grounds on which the sentence can be reduced — including the hardship of imprisonment on the offender's family and the contribution of other factors to the accident.
The Legal Framework
Dangerous driving law — Crimes Act 1900 (NSW) s52A and state equivalents.
Section 52A Crimes Act 1900 (NSW) — the elements
To prove dangerous driving occasioning death or GBH under s52A, the prosecution must establish: (1) the accused was the driver of a motor vehicle; (2) the vehicle was involved in an impact; (3) the impact caused the death or GBH of another person; and (4) at the time, the accused was under the influence of alcohol or drugs, was driving at excessive speed, was driving in a dangerous manner, or was fatigued. The prosecution must prove causation — that the dangerous driving, rather than the victim's own actions, caused the death or GBH.
Causation — a key defence
Causation is a critical element in dangerous driving cases — the prosecution must prove that the dangerous driving (not simply the involvement in an accident) caused the death or GBH. Where the victim stepped out in front of the vehicle, ran a red light, or otherwise contributed to the accident, causation may be in issue. A lawyer retains accident reconstruction experts to review the physical evidence of the accident and identify whether the dangerous driving was the operative cause of the death or GBH.
Sudden or extraordinary emergency defence
The defence of sudden or extraordinary emergency is available to a driver who was forced to act as they did because of circumstances beyond their control — for example, a sudden medical emergency (cardiac event, diabetic episode, or seizure) that caused the driver to lose control of the vehicle. A lawyer engages medical experts to establish the nature of the medical emergency and whether it was unforeseeable. The defence is not available if the driver knew of the medical condition that caused the emergency.
Mechanical failure defence
Where the accident was caused by a mechanical failure of the vehicle — brake failure, steering failure, or tyre blowout — the driver may not have been driving dangerously or negligently. A lawyer retains a vehicle mechanics expert to examine the vehicle and identify whether the accident was caused by a mechanical failure that was not known to (and could not have been known to) the driver. The defence is not available if the driver failed to maintain the vehicle or ignored warning signs of mechanical failure.
Victoria — dangerous driving to escape police pursuit
In Victoria, dangerous driving to escape police pursuit (under s319AA of the Crimes Act 1958 (Vic)) carries a maximum 10 years imprisonment — and, where death occurs during the pursuit, 15 years. The Victorian offence requires proof that the accused was the driver, that the accused was aware that police were attempting to stop the vehicle, and that the driving was dangerous. A lawyer advises on the available defences and the sentencing practices of the County Court for this offence.
Aggravated dangerous driving — increased penalties
Dangerous driving occasioning death or GBH is aggravated in NSW where the driver was under the influence of alcohol (0.15 or above) or a drug, was driving at a speed exceeding the speed limit by 45 km/h or more, was driving to escape police pursuit, or was very substantially intoxicated (0.15 BAC or above). Aggravated dangerous driving carries maximum penalties 40% higher than the standard offence. A lawyer advises on whether the aggravating circumstances are made out by the evidence — and whether the charge can be reduced to the non-aggravated offence.
How It Works
One request. Free dangerous driving advice.
Tell us the charge, the state, whether there were injuries or fatalities, and the court at which the matter is listed. A traffic lawyer experienced in serious driving charges will contact you urgently.
Submit Your RequestDescribe the charge
State, the specific charge (dangerous driving occasioning death/GBH or negligent driving), whether injuries or fatalities occurred, court date, and any bail conditions.
Matched to a traffic lawyer
Matched to a traffic lawyer with experience in serious driving offences — who knows the brief of evidence review process, accident reconstruction experts, and the sentencing practices of the relevant court.
Free urgent consultation
A traffic lawyer contacts you urgently for a free consultation — advising on available defences, the brief of evidence, and the strategy to minimise the impact on your liberty and licence.