Traffic Law

Negligent, Reckless & Dangerous Driving

There are several driving offences that relate to the manner in which a vehicle is being driven. Some of the offences are directed at the manner of driving itself. Other, more serious offences, take into account the manner of driving and actual consequences that follow; such as injury to another.

The more serious driving offences carry lengthy disqualification periods and all offences, but negligent driving, attract a term of imprisonment as the maximum penalty. It is not unusual for someone to be sentenced to a term of imprisonment for the more serious offences.

Offences in this category include: negligent driving offences; reckless driving, furious driving or driving in a manner dangerous; police pursuit; causing injury by furious driving; and dangerous driving causing grievous bodily harm or death.

The less serious of these offences are dealt with to finalisation in the Local Court. Some of the offences can be dealt with in the Local Court or the District Court; however, dangerous driving causing death can only be finalised in the District Court and carries the highest maximum penalty. The most likely result on conviction for dangerous driving causing death is a full time gaol sentence.

The prosecution have 6 months from the date of the alleged offence to charge a driver with the less serious offences whereas there is no time limitation on bringing charges for the more serious driving offences. Sometimes, police will charge a driver with a less serious offence, such as negligent driving causing grievous bodily harm and later, charge them with the more serious version of the offence, being dangerous driving causing grievous bodily harm. 

Experience in negotiating with the prosecution can be vital when charged with these offences, as it is possible to have the more serious charges "downgraded" to the less serious charges, which can result in avoiding a term of imprisonment. Our criminal and traffic lawyers are very experienced in dealing with these serious forms of driving offences, negotiating with prosecutors, defending charges and obtaining reduced penalties on sentence.

If you have been charged with negligent, reckless or dangerous driving and require legal assistance, we invite you to contact your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.

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