MAJOR TRAFFIC OFFENCES
Dangerous Driving
Dangerous Driving (formerly known as culpable driving) is an offence under Section 52A of the Crimes Act 1900.
The offence of dangerous driving has four levels of seriousness and takes into account circumstances of aggravation. We are able to provide you with detailed advice, possible defences and the penalties attached to each of the categories which are:
- Dangerous driving occasioning death;
- Aggravated dangerous driving occasioning death;
- Negligent, furious or reckless driving occasioning grievous bodily harm (GBH); and
- Dangerous driving causing grievous bodily harm (GBH).
Defences to Dangerous Driving
It is an defence to a charge of dangerous driving occasioning death or grievous bodily harm if the impact is not in any way attributable to:
(a) The fact that the person was under the influence or intoxicating liquor or drug;
(b) To the speed at which the vehicle was driven; or
(c) To the manner in which the vehicle was driven.
There are also other defences available, including duress and necessity.
Menacing driving
It is an offence to drive a motor vehicle in a manner that menaces another person with the intention of menacing that person. This carries a $3,300.00 fine and/or imprisonment of up to 18 months. In the case of the second subsequent offence it carries a $5,500.00 fine and/or imprisonment of up to 2 years.
