When driving a vehicle, you may end up in the unfortunate situation that you have to face charges of negligent or dangerous driving.
You need to know the law relating to these driving offences and the possible penalties that may be imposed if convicted of one of these driving offences. The circumstances of each case will determine what offence you will be charged with.
If you were involved in an accident in which someone lost his/her life, you may be charged with the offence of dangerous driving occasioning death. Whether you are charged will depend on the circumstances at the time of the accident. If convicted the maximum penalty is 10 years imprisonment.
The Law
Section 52A (1) of the Crimes Act states that a person is guilty of the offence of dangerous driving occasioning death if:
The vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
It is obvious that the police must prove beyond a reasonable doubt that:
It is further necessary for the police to prove that you drove the vehicle at the time under the influence of intoxicating liquor or of a drug, or in a dangerous manner, or at a dangerous speed. They can prove that through any of the following:
Dangerous driving causing death is an indictable offence - this means it is a serious offence that will be tried before a judge and a jury. So you will have to appear in the District Court before a judge.
The maximum penalty is 10 years imprisonment. If there are aggravating circumstances, you may face a maximum penalty of 14 years in prison. In such circumstances, you will be convicted of dangerous driving occasioning death in circumstances of aggravation.
Do you have a defence if you are charged with dangerous driving causing death?
Other possible defences include Duress and Necessity.
To claim the defence of duress, you must prove that you acted in the way you did because of an extremely serious threat to you or your family. The threat must involve death or serious injury to you or your family. This is not a common defense in criminal cases, but if you want to use this defense, you will have to present evidence to prove the defense. This is not an easy task.
This defence is similar to self-defence. You must be in an urgent situation and honestly believe (on reasonable grounds) that you have to act in this way (that constitutes the offence) in order to avoid the imminent danger. Your actions must also be in proportion to the danger.
If you are charged with Dangerous driving occasioning death, you are facing serious penalties and the possible defences might be very difficult to prove. You should get legal advice as soon as possible.
If you were involved in an accident in which someone sustained really serious injuries, you might be charged with the offence of dangerous driving occasioning grievous bodily harm. Whether you are charged will depend on the circumstances at the time of the accident. The maximum penalty if convicted is 7 years imprisonment.
The Law
Sec 52A(iii) of the Crimes Act states that a person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle
The courts have stated that “grievous bodily harm” means a really serious injury.
The police must prove beyond a reasonable doubt that,
It is further necessary for the police to prove that you drove the vehicle at the time under the influence of intoxicating liquor or of a drug, or in a dangerous manner, or at a dangerous speed. They can prove that through any of the following:
Dangerous driving occasioning grievous bodily harm is a Table 1 offence. This means that you will appear in the Local Court , but the District Public Prosecutor or you (the accused) can elect to have the matter placed before the District Court .
If you are convicted of this offence the maximum penalty is 7 years imprisonment. If there are aggravating circumstances you may be convicted of Aggravated dangerous driving occasioning grievous bodily harm, and you may face a maximum sentence of 11 years imprisonment.
Sec 52A(iii) of the Crimes Act provides a defense if the grievous bodily harm was not in any way caused by, or linked to,
Other possible defenses include Duress and Necessity.
If you are charged with the offence of dangerous driving occasioning grievous bodily harm you should get legal advice as soon as possible. You are facing a serious offence with serious penalties.
If you where the driver of a vehicle involved in an accident that caused the death of another person, you may be charged with the offence of negligent driving occasioning death. You will face serious penalties upon conviction.You should get legal advice as soon as possible – it is a serious offence and you will lose your licence upon conviction.
You will receive a Court Attendance Notice on the scene of the accident, or in the following weeks or months. You may also be arrested, depending on the circumstances, and held by the police.
The penalties upon a conviction may be serious. You may be faced with:
If convicted for negligent driving occasioning death, your licence may be automatically disqualified for 3 years. The court may reduce the disqualification period to the minimum period of 12 months, in appropriate circumstances. Your lawyer can address the court regarding such circumstances
If you are involved in an accident, the nature of the injuries, will determine if you are charged with the offence of negligent driving occasioning grievous bodily harm. You may end up losing your licence for a period of time.
The court defines grievous bodily harm as a really serious injury. So if the person sustained minor injuries, like bruising, it will not be considered grievous bodily harm. If the person suffered major cuts or broken bones, you may be at risk of being charged with the offence of negligent driving occasioning grievous bodily harm.
Once the police have investigated the circumstances of the accident, they may decide to charge you. You will then receive a Court Attendance Notice in the weeks or months after the accident. In certain circumstances the police may arrest and hold you in custody. You should get legal advice if you are charged with this offence.
The penalties upon a conviction may be serious. You may be faced with:
If convicted for negligent driving occasioning grievous bodily harm, your licence may be automatically disqualified for 3 years. The court may reduce the disqualification period to the minimum period of 12 months, in appropriate circumstances. Your lawyer can address the court regarding such circumstances.
Get legal advice as soon as possible, especially if you are particularly concerned about a licence disqualification, or having a criminal record. There are certain exceptional cases where the court may use its discretion and impose a sec 10 non-conviction order. You will need a lawyer to argue your case before the court.
Sec 319(1) of the Crimes Act stipulates that if you drive your motor vehicle on a public road in a manner that the court considers dangerous to the public, you may be convicted of the offence of driving in a manner dangerous to the public. You may face severe penalties upon conviction.
Legislation does not define “dangerous” driving, so we need to look at what the court has said in past cases to establish what constitutes dangerous driving. In the case of McBride v The Queen the court stated that the driving may be dangerous if it was intrinsically dangerous in all circumstances, or if it was dangerous in the particular circumstances surrounding the incident. They further stated: “The concept… requires some serious breach of the proper conduct of a vehicle upon the highway, so serious as to be in reality and not speculatively, potentially dangerous to others”. So the court will look at the particular circumstances of your driving and whether it was actually potentially dangerous to members of the public in the vicinity of the driving.
If you are convicted the court must disqualify you from driving. You will receive the automatic period of disqualification, unless you can convince the court not to impose such a period.
For a 1st offence the penalty is:
For a 2nd or subsequent offence:
The only way to avoid a disqualification is if the court deals with your matter by way of non-conviction. As with any offence, even after a finding of guilt a court can still decide not to record a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999. The court has a discretion and may decide not to record a conviction, regardless of how bad your traffic record is. If charged with this offence you should get legal advice. A lawyer can assist you in arguing for a sec 10 non-conviction if found guilty.
If you were caught driving your vehicle at a speed that is considered by the court to be dangerous to the public, you may be charged with the offence of driving at a speed dangerous to the public. The maximum penalty is 20 penalty units or 9 months imprisonment.
The Law
The Law states that it is an offence of Driving at a speed dangerous to the public, if you drive your vehicle furiously, recklessly, or at a speed, or in a way that is dangerous to the public, on a road or road related area. In deciding whether you are guilty of the offence the court must take into account all the circumstances of the case, including:
The maximum penalty is 20 penalty units or 9 months imprisonment for a 1st offence.
For a 2nd offence it is 30 penalty units or 12 months imprisonment.
Do you have a defense if convicted of driving at a speed dangerous to the public?
You may be able to claim Duress or Necessity as a defense.
Neither of these defenses is easy to succeed with in court. You will need a lawyer to assist you when charged with Driving at a speed dangerous to the public
Hoon offences refer to driving offences that are highly dangerous or anti-social. It includes offences where the driver drives carelessly at excessive speeds, is involved in street racing, causes tyres to lose traction, plays loud music and causes excessive smoke or noise. You may end up losing your vehicle if convicted of such a sanctionable offence.
The penalties we are looking at in this section may be imposed when you (the driver) commit what is referred to as sanctionable offences.
A sanctionable offence includes:
From July 2012 the police has even more powers against drivers committing certain serious traffic offences. They may now take action against your vehicle if you are caught for a sanctionable offence. You may end up losing your vehicle in addition to paying a fine and losing your licence.
What can the police do?
They may give you a notice instructing you to produce the vehicle to the Police within a given period (maximum of five business days from the offence).
The police must impound your seized vehicle for 3 months. Failing to produce the vehicle in the specified time is an offence.
Your vehicle will automatically be forfeited to the Crown, if:
Once your vehicle is forfeited to the Crown, the Police may sell your vehicle or use it for crash testing.
Can your number plates or impounded vehicle be released early?
You may apply at the Local Court for an early release. The court cannot order the release within 5 working days of the confiscation or impounding.
In considering your application the court will take a full range of factors and circumstances into account. For example:
Take note: You will have to pay all outstanding fees relating to the movement, storage and towage of your impounded vehicle, or the release of number plates, before your vehicle may be released.
Losing your car (on top of a fine and losing your licence) is a very serious penalty that you may face for an action that you may have committed in a moment of not thinking about the consequences of “just racing to the next stop sign”. If you find yourself charged with a sanctionable offence, it is advisable to get a legal advice as soon as possible.Any traffic or driving offence can lead to serious penalties upon conviction. It will be wise to get a lawyer on your side as soon as possible.