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Dangerous Driving:

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The offence of dangerous driving, whilst a traffic offence in nature, is located in and is defined in section 52A of the New South Wales Crimes Act. The offence of dangerous driving covers several different situations where you can be charged with this offence.  In very broad terms, the situations include speeding in a manner that is dangerous to the public, driving under the influence of drugs or alcohol, driving in a manner that causes injury or death to another person and driving in a manner where the vehicle you are driving impacts and causes an injury to another person. 

The penalties for the offence of dangerous driving vary and are dependent on the nature of the charge. Depending on the nature of the dangerous driving offence you have been charged with, the maximum penalties can include imprisonment of up to fourteen (14) years.

Dangerous Driving Occasioning Death

You can be found guilty of the offence of dangerous driving occasioning death where you were the driver of a vehicle and the vehicle is involved in an accident causing the death of another person.  In very broad terms, and depending on all of the circumstances and the facts of the case that is being made against you, you may be found guilty of this offence if, at the time of impact, you were driving the vehicle under the influence of alcohol or drugs, or you were driving at a speed that was dangerous to other people, or you were driving in a manner that was dangerous to other people. If you are found guilty of dangerous driving occasioning death, you may be imprisoned for up to ten (10) years.

If you commit the offence of dangerous driving in circumstances of aggravation, you can face a maximum penalty of up to fourteen (14) years in prison. For more detail on what ‘circumstances of aggravation’ are, see (tab) below.

Dangerous Driving Occasioning Grievous Bodily Harm

You may be charged and found guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle you are driving is involved in an accident and the impact of the vehicle caused grievous bodily harm to another person. Where you are charged and found guilty of the offence of dangerous driving occasioning grievous bodily harm, you can face a maximum term of imprisonment of up to seven (7) years.

If you are found guilty of aggravated dangerous driving occasioning grievous bodily harm, you can be sentenced to a maximum term of imprisonment of up to eleven (11) years. For further information on what the Courts consider to be ‘circumstances of aggravation’ are, see (tab) below.

What are Circumstances of Aggravation?

For the offence of dangerous driving, the Courts can consider the following to be circumstances of aggravation, or aggravating circumstances:

  • Where you are under the influence of alcohol,
  • Where you are speeding in excess of 45 kilometres per hour above the legal road limit,
  • Where you were driving to escape a pursuing Police officer,
  • Where you were under the influence of a drug or combination of drugs (which may include prescription drugs in certain circumstances).

As one of the top Sydney traffic law firms, Navado Lawyers and Solicitors appear regularly in Courts across Sydney to assist clients who have been charged with dangerous driving. After reviewing the facts and circumstances of the offence or offences you have been charged with, we will be able to offer you pertinent legal advice and represent you Court if necessary. If you are charged with the offence of dangerous driving or any variants of the charge, we strongly suggest you speak with our traffic lawyers to organise a consultation. Please call us on (02) 9233 4048 or send an email to info@navado.com.au to arrange this.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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