Do you have a question about any aspect of Criminal law?

Ask a question

it is free

NEGLIGENT DRIVING CHARGES

A person is prohibited from driving a motor vehicle in a negligent manner. The penalties differ whether the negligent driving has resulted to death, grievous bodily harm or has not resulted to either. 

In determining the penalty to be imposed, the courts will consider all circumstances surrounding the violation of negligent driving including the nature, use and condition of the road and the amount of traffic at the time the violation occurred. If the negligent driving did not result in any injury or death, usually the fines and demerit points are minimal.

The maximum fine for both first and second offences and more is $1,100. If the court wants to impose any penalties, this will be at their discretion.

'Negligent Driving' is considered to be the least serious of driving offences that come under the dangerous driving category. Drivers are often charged when an accident takes place but the driver was not driving so badly or dangerously to allow a more serious charge to be imposed. Other more serious charges are ‘drive recklessly’ or ‘dangerous driving’.

Drivers are often charged with 'Negligent Driving' when an accident occurs but the manner of driving is not sufficiently reckless or dangerous to press a more serious charge; such as 'drive recklessly' or 'dangerous driving'.

The law states that a driver is 'Negligent' when he or she did not exercise the right amount of care and attention which would be reasonably expected from a driver in the particular circumstances. A simple example is when a driver failed to pay sufficient attention to the road at the time or failed to comply to roads rules and an accident took place.

The penalties for negligent driving are far more severe if a person is seriously injured ('GBH') or even killed.

The driver will just accept the penalty, except if this will result in license disqualification. Serious penalties of imprisonment and fines are attached if the negligent driving causes grievous bodily harm or death.

Traffic offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

WHAT IS NEXT?

Whether you're in Brisbane, Melbourne, Sydney, Perth or even Adelaide we have criminal lawyers that are ready to help you instantly.

ASK A QUESTION

Do you have a question about any aspect of criminal law. If yes, Complete this form "Ask a Question" and we will then send it off to one of our criminal lawyers.

ASK A QUESTION
IT'S FREE TO ASK
Alan WeissCriminallegal.com.au (Criminal Legal) is part of aussiedivorce.com.au Pty Ltd © 2014 - 2016 all rights reserved