It is a criminal offence to drive a car or any other motor vehicle in a manner which is dangerous to the public. The penalties for dangerous driving are serious. If you have been charged with a dangerous driving offence we can help.
Dangerous Driving Legal Advice NSW
The offence of dangerous driving falls into two main categories depending on the consequences of the accident:
- Dangerous Driving Occasioning Death and;
- Dangerous Driving Occasioning Grievous Bodily Harm.
Both offences are committed when the vehicle which is being driven by the alleged perpetrator is involved in accident and was being driven:
- Under the influence of alcohol or drugs;
- At a speed which was dangerous or;
- In a manner which was dangerous
The penalty for dangerous driving occasioning death is up to ten years imprisonment and for dangerous driving occasioning GBH the perpetrator, if convicted, potentially faces up to 7 years in prison. The majority of drivers convicted of either offence are sentenced to a period in prison.
Obviously, it is for the state to prove that the accused committed the crime. However, not all accidents which result in death or serious injury will be the fault of the driver, nor will they be the result of dangerous or reckless driving.
As such, it is a defence to the charge to show that you were not under the influence of intoxicating substances, that you were not driving at a dangerous speed or in a dangerous manner. It also a defence to the charge to show that you the offence was committed by virtue of necessity or that it was committed under duress.
While these defences are available, you should still enlist the help of an expert, local road traffic law solicitor. An expert lawyer will be able to prepare your case, assess the evidence, instruct expert reports and competently argue your case to ensure the best chance of success.
Dangerous driving lawyers Sydney
If you have been charged with dangerous driving, contact our solicitors today on 02 9281 5088 or book a consultation.