What Is Dangerous Driving in NSW?
There are multiple ‘dangerous driving’ offences under the Crimes Act 1900 (NSW), including:
Section 52A(1) = dangerous driving occasioning death,
Section 52A(2) = aggravated dangerous driving occasioning death,
Section 52A(3) = dangerous driving occasioning grievous bodily harm,
Section 52A(4) = aggravated dangerous driving occasioning grievous bodily harm.
These offences involve a vehicle being driven and being involved in an impact. Dangerous driving refers to driving in such a manner that is objectively ‘dangerous’ in that it exposes another person or persons to a level of risk greater than that ordinarily associated with the driving of a motor vehicle. The manner of driving must be a serious breach of the proper conduct of a vehicle on a roadway.
An impact refers to a vehicle overturning or leaving a road, impacting an object, impacting a person, impacting another vehicle, including anything attached to the vehicle, or a person falling or being ejected from the vehicle.
The legislation directs reference to whether you were under the influence of intoxicating liquor or of a drug, were driving at a speed dangerous to another person or persons and in a manner dangerous to another person or persons.
Common examples will thus include driving under the influence, high-speed overtaking, cutting between lanes or tailgating, and reckless behaviour causing near misses or collisions.
The offence will be considered ‘aggravated’ where you are intoxicated (BAC of 0.15), you were speeding by more than 45 kilometres per hour, you were driving the vehicle to escape pursuit by a police officer, and where your ability to drive was substantially impaired by drugs or a combination of drugs.
There is a less serious version of a dangerous driving offence under the Road Transport Act 2013 (NSW) referred to as ‘driving in a manner furious, recklessly or at a speed or in a manner dangerous’ (section 117).
Dangerous driving is treated differently and is distinguished from ‘negligent’ driving in that negligent driving refers to failing to show the due care and attention reasonably expected of a driver. This is a lower burden, and can refer to circumstances in which necessary checks aren’t made.
When Does Dangerous Driving Become a Criminal Offence?
Dangerous driving refers to driving in such a manner that is objectively ‘dangerous’ in that it exposes another person or persons to a level of risk greater than that ordinarily associated with the driving of a motor vehicle. The manner of driving must be a serious breach of the proper conduct of a vehicle on a roadway. As outlined, where the matter involves someone suffering a serious injury or dying, the charges may escalate to strictly indictable matters where imprisonment is a real possibility.
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What Are the Penalties for Dangerous Driving?
The maximum penalty for dangerous driving is 9 months imprisonment and/or a $2,200 fine for a first offence, or 12 months imprisonment and/or a $3,300 fine for a second offence.
There is an automatic licence disqualification of 3 years, which can be reduced to a minimum of 12 months for a first offence. For a second or subsequent offence, there is an automatic licence disqualification of 5 years, which can be reduced to a minimum of 2 years.
For dangerous driving offences under the Crimes Act 1900 (NSW):
Dangerous driving occasioning death
First offence:
Automatic disqualification of 3 years, which can be reduced to a minimum of 12 months
Second or subsequent offence:
Automatic disqualification of 5 years, which can be reduced to a minimum of 2 years
Aggravated dangerous driving occasioning death
First offence:
Automatic disqualification of 3 years, which can be reduced to a minimum of 12 months
Second or subsequent offence:
Automatic disqualification of 5 years, which can be reduced to a minimum of 2 years
Dangerous driving occasioning grievous bodily harm
In the District Court: 7 years
In the Local Court: 2 years and/or a $11,000 fine.
First offence:
Automatic disqualification of 3 years, which can be reduced to a minimum of 12 months
Second or subsequent offence:
Automatic disqualification of 5 years, which can be reduced to a minimum of 2 years
Aggravated dangerous driving occasioning grievous bodily harm
In the District Court: 11 years
In the Local Court: 2 years and/or a $11,000 fine.
First offence:
Automatic disqualification of 3 years, which can be reduced to a minimum of 12 months
Second or subsequent offence:
Automatic disqualification of 5 years, which can be reduced to a minimum of 2 years
The outcome will ultimately depend on what charge you are facing, the circumstances of the offence, the level of death or injury involved, your traffic history, personal circumstances, and remorse.
Facing Criminal charges and seeking representation?
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The Court Process for a Dangerous Driving Charge
The court process will depend on what charge you are facing. This is due to how some dangerous driving charges can proceed in the Local Court, but others may need to proceed to the District Court.
If you have been charged with dangerous driving occasioning death, the matter will proceed through the Local Court for the ‘Early Appropriate Guilty Plea’ (EAGP) process before proceeding to the District Court for Sentence (Guilty) or Trial (Not Guilty).
The ‘EAGP’ process is as follows:
Orders are made for the brief of evidence to be served by the prosecution on the defence. Once the evidence has been served, the defence will confirm that the brief has been served by the prosecution.
A ‘charge certificate’ is then filed by the prosecution - a charge certificate is a document that specifies the offences that the prosecution is proceeding with, setting out the details of these offences, back-up offences (if applicable), and other offences that are no longer being proceeded with (if applicable).
A ‘case conference’ is then held between the prosecution and defence - this involves parties engaging in discussions regarding the case. A ‘case conference’ certificate will then be filed with the court outlining any negotiations.
Following this, the matter will be listed for committal, where a plea of guilty or not guilty must be entered, advising whether the matter is proceeding to a Sentence or a Trial.
From this point, the matter will then proceed through the District Court for Sentence or Trial. If it is a less serious charge proceeding in the Local Court, on the first court date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence. If you enter a plea of Guilty, the matter will proceed to Sentence.
If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain statements from police officers, witnesses, police body-worn video, CCTV, photos, videos and any other relevant materials. Once the evidence is served, the matter will be set down for a Hearing, which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond a reasonable doubt.
Legal Defences to Dangerous Driving
Common defences to dangerous driving offences include:
Factual inaccuracies, a lack of evidence, or inaccurate evidence (i.e., speed estimate or intoxication test).
It is important to consider that obtaining legal advice can lead to early negotiations to resolve the matter, including considerations of whether the matter should be downgraded to ‘negligent’ instead of dangerous driving.
Will I Lose My Licence?
If you are convicted, you will be disqualified for a period, even for first-time offenders. There will be an ‘automatic period prescribed by the legislation, with legal submissions able to be put forward to seek the minimum or a reduced disqualification in the circumstances. In some rare cases, it is possible to avoid conviction, with a conditional release order without conviction imposed or a section 10(1)(a) dismissal. This would mean no disqualification period is applicable. Strong legal submissions can assist in protecting your driving rights.
Why Acting Fast on a Dangerous Driving Charge Matters
It is important to act quickly if you are charged with a dangerous driving matter. It can mean that CCTV and dashcam footage is preserved, which may have otherwise been lost in the passage of time. It can also allow for expert reports to be obtained (such as an accident reconstruction expert) to determine the strength of the prosecution's case. Other experts who may be of utility include psychological reports and evidence of rehabilitative efforts in circumstances where leniency is sought from the court. There is also the ability to engage with the prosecution early to allow for negotiations. Contact Elite Defence Lawyers for assistance if you have been charged, and before your first court date, for a tailored case plan.
Why Choose Elite Defence Lawyers for Your Dangerous Driving Case
Dangerous driving is a serious charge in NSW, often treated as both a traffic and criminal offence. Convictions can lead to lengthy licence disqualifications, large fines, or even jail. Having an experienced dangerous driving lawyer by your side is essential to protect your future.
At Elite Defence Lawyers, we have extensive experience handling dangerous driving cases across Greater Sydney. Our lawyers regularly appear in local courts and understand how these matters are prosecuted. We know how to challenge police evidence, highlight weaknesses in the case, and negotiate for better outcomes.
What sets us apart? We offer free consultations, so you understand your options up front, as well as fixed fees with no surprises. Our results include downgraded charges, retained licences, and avoided jail time, helping clients move forward with their lives.
