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Dangerous driving is a traffic offence that is treated seriously in NSW. Courts take a strict approach to reckless or hazardous behaviour behind the wheel, particularly when it places other road users and pedestrians at risk. It can lead to heavy fines, long periods of licence disqualification, and even imprisonment.
If you have been charged with dangerous driving, it is vital to understand what the law considers “dangerous,” the penalties that could apply, and the legal options available to you. With the right advice, many people can reduce the penalties, avoid licence disqualification, or even have charges dismissed.
At Astor Legal, we understand that facing a dangerous driving charge can be a stressful experience. You may be worried about losing your licence, your livelihood, or even your freedom.
Our team of criminal defence lawyers has a proven record of success in dangerous driving cases. We are recognised for helping clients avoid criminal convictions, even when pleading guilty. We guide people through the legal process with care, clarity, and a determination to achieve the best possible outcome.
When you choose our dangerous driving solicitors, you benefit from:
Call our Sydney or Parramatta offices today on (02) 7804 2823 for a free consultation with one of our experienced dangerous driving lawyers.
Under Section 52A of the Crimes Act 1900 (NSW), the offence of dangerous driving occurs when a person operates a motor vehicle in a way that poses a substantial risk of harm to the public. An objective assessment is used by the court to decide if the driving was dangerous.
Examples of dangerous driving include:
Even if an accident does not occur, driving in a manner dangerous to the public can result in serious consequences.
Dangerous driving occasioning death occurs when a driver operates a motor vehicle dangerously and causes the death of another person. This is one of the most serious charges under NSW traffic law and is treated as a criminal offence. It can result in lengthy imprisonment, along with long-term licence disqualification.
This offence involves driving dangerously in a way that causes another person to suffer grievous bodily harm, which means severe injury.
Like dangerous driving causing death, a dangerous driving occasioning grievous bodily harm charge can carry heavy penalties and have lifelong consequences for both the victim and the driver.
Astor Legal has successfully defended numerous cases of dangerous driving causing death and dangerous driving occasioning grievous bodily harm. These are complex and high-stakes cases, but with our expertise in criminal law and traffic offences, we have been able to secure case dismissals, reductions to less serious charges, and sentencing outcomes that avoid imprisonment.
The penalty you face will depend on the type of offence and whether any aggravating factors, such as alcohol, drugs, or excessive speeding, are involved.
| Offence | Maximum Penalty |
| Basic dangerous driving | Up to 2 years imprisonment, fines, and licence disqualification |
| Dangerous driving occasioning grievous bodily harm | Up to 7 years imprisonment, fines, and licence disqualification |
| Dangerous driving occasioning death | Up to 10 years imprisonment, fines, and licence disqualification |
| Aggravated dangerous driving occasioning death (e.g., drink driving, drug driving, excessive speeding) | Up to 14 years imprisonment, fines, and licence disqualification |
Other consequences can include:
Even first-time offenders can face serious penalties, but with early legal advice and the right defence, you have a chance to minimise the severity of the outcome.
Although these types of offences may sound alike, the law makes clear distinctions between the three:
Understanding these differences is important, because they help explain why penalties can vary widely depending on exact nature of the offence.
Yes, in some cases, dangerous driving charges can be reduced to lesser offences, such as negligent driving or careless driving. These carry lighter penalties and may enable you to avoid imprisonment.
Courts will often consider:
Having a charge reduced can significantly minimise the penalties imposed by the sentencing court. In many situations, this difference can mean keeping your licence and avoiding a criminal record.
There are several legal strategies that may be used to defend a dangerous driving charge. The right defence will depend on the specifics of the case and the surrounding circumstances:
Engaging an experienced lawyer early allows for the best possible defence strategy, increasing the likelihood of avoiding conviction or reducing the penalties.
Being charged with dangerous driving can feel intimidating, but taking the right steps early can make a huge difference to your case. Here are the most important actions to take:
If you have been accused of dangerous driving, you do not have to face the charge alone. With our expertise in defending traffic offences, Astor Legal will give you the best chance of protecting your licence, your criminal record, and your freedom.
For expert representation, call us today on (02) 7804 2823 to arrange a free consultation with a specialist dangerous driving lawyer.
A dangerous driving conviction almost always results in licence disqualification. Aggravated offences can result in the cancellation of your licence for several years.
The maximum penalty ranges from 2 years imprisonment for a basic offence to 14 years for aggravated dangerous driving occasioning death. However, not every dangerous driving conviction results in jail, and having expert legal representation can reduce the likelihood of imprisonment.
This depends on the strength of the prosecution’s case, whether the evidence can be challenged, and the quality of your legal defence.
Culpable driving is the Victorian equivalent of dangerous driving causing death. In NSW, the correct charge is dangerous driving occasioning death under Section 52A.
Dangerous driving is a criminal offence, and a conviction will appear on your criminal record. This can affect employment, travel, car insurance costs, and your future opportunities.
If the allegation involves drink driving or drug driving, it is critical to seek immediate legal advice. The penalties are severe, but there may still be options to challenge the evidence or reduce the charge.
Our client was an elderly truck driver who had been charged with Dangerous Driving.
Another law firm appeared in the Local Court where our client was convicted and given a 12 month driver licence disqualification. He was mortified by this as he would have been unable to continue working.
He came to us desperate.
We immediately got to work by filing an appeal and applying for a ‘stay’ of the disqualification. This meant that our client was allowed to keep driving as long his appeal was ongoing.
We obtained the brief of evidence and transcript of the proceedings at Goulburn Local Court. The brief showed that the majority of the incident was captured on CCTV footage and related to our client reversing his truck up a highway because he had missed an exit.
We identified a number of issues with the way the matter had been run including failure to cross-examine witnesses correctly, failure to object to inadmissible evidence and – most significantly – a failure to raise the defence of ‘honest and reasonable mistake’.
On the appeal at Goulburn District Court we prepared detailed written submissions arguing that the driving of our client was not dangerous and, in the alternative, he held an honest and reasonable belief that his driving was not dangerous.
Ultimately, the presiding Judge agreed with our arguments and allowed the appeal, meaning our client was found ‘not guilty’ and had his conviction overturned.
Our client is a tradesman who was charged with negligent driving occasioning grievous bodily harm. His primary mode of transportation is a work ute.
Police alleged that our client was reversing their ute in the carpark of a shopping centre in the Northern Beaches.
A 71-year-old lady was walking in the carpark to the rear left of our client’s vehicle. The prosecution case was that our client had been negligent in not seeing the lady and collided with her.
The incident was captured on CCTV footage.
Police and ambulance were called and the lady was transported to the Hospital to treat her injuries being laceration on her eyebrow, finger pain and swelling.
The case was originally heard at Manly Local Court where our client had another lawyer and barrister appear for him. He was found guilty of the offence and sentenced to a lengthy disqualification period.
Not happy with this outcome, he came to us after reading about some of our recent similar cases.
We advised him that he would have prospects of success on the appeal. Our strategy would be to argue the appeal on three basis.
Firstly, we would submit that his driving was not negligent. The CCTV footage showed our client had reversed slowly. His view was also somewhat obstructed by other vehicles. Further, it appeared that the lady was not paying attention to where she was going and had arguably collided with the ute herself, rather than our client hitting her.
Secondly, there was an argument that the injuries to the lady were not grievous bodily harm. This was due to the leading case on grievous bodily harm – R v Swann (2016) – setting out that the definition of grievous bodily harm required the prosecution to prove “really serious harm”.
Medical records and expert evidence suggested that none of the injuries sustained by the lady would be considered permanent injuries. There was also no explanation for why the injuries would be classed as “really serious”, as opposed to “serious”. The prosecution had also not obtained any fresh medical evidence despite the hearing occurring over a year and half after the initial medical expert statements were provided.
Finally, in the event that the conviction appeal was not successful, we had prepared a severity appeal to ask for the court to impose a non-conviction pursuant to Section 10 of the Crimes (Sentencing Procedure) Act 1999. This would mean that our client would not have a criminal record nor face any disqualification.
The Conviction Appeal proceeded at Sydney District Court where one of our senior lawyers appeared.
We tendered written submissions addressing why our client was not negligent and why the injuries were not grievous bodily harm. After further lengthy oral submissions by both us and the prosecution, the presiding judge found that the Magistrate had erred and that our client had not been negligent, nor were the injuries grievous bodily harm.
As such he was found not guilty and the charge of negligent driving occasioning grievous bodily harm was dismissed.
Both the client and his family were extremely happy with the outcome as he is able to continue driving and has no criminal record.
Our client is a 49 year old tradesman from Western Sydney.
At around 8:30pm he was attempting to make a right-hand turn into a carpark. He did not notice any oncoming traffic.
When he was partially into the turn a motorcycle hit his vehicle. The motorcycle rider died shortly afterwards.
There were a number of witnesses who gave statements to Police. Some of them suggested that our client had accelerated into the turn and was at fault for the accident.
Our client was charged with Dangerous Driving Occasioning Death and Negligent Driving Occasioning Death.
In our initial conference, our client disclosed that he had previously been convicted of Dangerous Driving Occasioning Death and served a lengthy imprisonment term for it.
Needless to say, he was extremely worried about the consequences if he was convicted of these offences and wanted the best representation in Court.
We immediately began preparing a defence strategy.
First, we subpoenaed the criminal and traffic record of the deceased which disclosed a number of speeding offences.
We also subpoenaed the autopsy of the deceased which revealed that he had an elevated blood alcohol reading.
We then subpoenaed the criminal and traffic records of witnesses whose evidence was adverse to our client. Speeding offences were revealed in these documents.
Finally, our specialist accident reconstruction expert was briefed to provide an opinion as to the cause of the accident.
Our expert noted that the skid marks of the deceased’s motorbike only began a short distance from where the collision occurred, suggesting that he had been speeding and braked much too late.
Upon receipt of this, the prosecution withdrew the charge of Dangerous Driving Occasioning Death but continued with the Negligent Driving Occasioning Death charge.
The matter proceeded to a defended hearing.
In Court we systematically dismantled the prosecution witnesses in cross-examination, highlighting inconsistencies throughout their evidence.
Ultimately, the Magistrate could not be satisfied beyond reasonable doubt that our client was negligent, and he was found not guilty.
At the verdict, our client and his family broke down in tears, grateful that our hard work had paid off.
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