Charged with Dangerous or Negligent Driving? Get Expert Defence Advice Now

Negligent driving generally involves driving without the care and attention of a reasonable person in the circumstances — it is typically a lower-level offence dealt with by infringement notice or the Local Court. Dangerous driving requires proof that the manner of driving was objectively dangerous to the public, going beyond mere negligence. In NSW, for example, the offence is set out in sections 52A–52AB of the Crimes Act 1900 (NSW), while in Victoria "dangerous driving" is codified in the Road Safety Act 1986 (Vic). The threshold between the two offences is sometimes disputed and a lawyer can argue for the lesser charge where appropriate.

Penalties vary by state and the specific form of the offence. In NSW, dangerous driving occasioning grievous bodily harm carries up to 7 years imprisonment (14 years if aggravated); dangerous driving occasioning death carries up to 10 years (14 if aggravated). Victoria's offence of dangerous driving causing death under the Road Safety Act 1986 carries up to 10 years imprisonment. In Queensland, dangerous operation of a vehicle causing death carries up to 10 years under the Criminal Code Act 1899 (Qld). Other states and territories have comparable provisions. Mandatory licence disqualification applies in most jurisdictions regardless of the penalty imposed.

Most Australian state legislation specifies statutory aggravating factors that elevate the maximum penalty. Common aggravating circumstances include: being under the influence of alcohol or a drug, driving at a speed more than 45 km/h above the limit, driving a stolen vehicle, participating in an organised race or speed trial, or deliberately evading police. Where one or more aggravating factors apply, the prosecution will charge the aggravated form of the offence. A lawyer can challenge whether the aggravating factor is made out on the evidence or negotiate with the prosecution about the appropriate charge level.

Available defences depend on the specific charge and the circumstances. Common grounds include: the driving was not objectively dangerous (contesting the element of the offence); sudden emergency — the driver had no choice but to drive as they did due to an unexpected event; honest and reasonable mistake of fact; sudden mechanical failure; or medical emergency causing a sudden loss of control. Expert evidence (accident reconstruction, medical evidence) is often critical. Where a full acquittal is not possible, a lawyer may be able to negotiate a plea to a lesser charge or make compelling mitigation submissions to minimise the penalty.

Licence disqualification is a consequence of most dangerous driving convictions and many negligent driving matters. Mandatory minimum disqualification periods apply for the more serious charges in most states — for example, in NSW the court must disqualify for at least 3 years for a first offence of dangerous driving occasioning death. Courts have discretion to impose longer periods and can also disqualify for additional years where aggravating factors are present. Hardship licence applications are not available for all categories of dangerous driving offence. A lawyer can make submissions about the appropriate disqualification period and any licence-related orders that may minimise the impact on your livelihood.

Dangerous driving causing death (or culpable driving causing death in Victoria and South Australia) is the most serious traffic offence in most Australian jurisdictions short of murder or manslaughter. It applies where a person is killed as a direct result of the accused's dangerous manner of driving. The charge requires proof that the driving was dangerous and that the danger caused or substantially contributed to the death — it does not require proof of an intention to kill. Penalties of 10–14 years imprisonment are available in various states and the charge is typically heard in the District or County Court. Legal representation from the outset — before any police interview — is essential.