Dangerous Driving NSW

Best Dangerous Driving Lawyers NSW

Our dangerous driving lawyers have years of experience in defending these charges and having our clients found not guilty.

We are also well-versed in sentencing proceedings and have had numerous clients avoid criminal convictions.

Contact us now to speak to our Law Society accredited specialist traffic lawyer today.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  How Do You Beat a Dangerous Driving Charge?

  Under Section 117 of the Road Transport Act 2013 (NSW), to be found guilty for this offence, police must prove, beyond reasonable doubt that:

  1. You drove a vehicle (this means that you were “in control of the steering, movement or propulsion of a vehicle”);
  2. At the time of driving you were:
     1. driving the vehicle at a speedor in a manner that created a danger to other users of the road.

   

  What does Drive in a ‘Manner Dangerous’ mean?

  The decision of McBride v R [1966] HCA 22 explains that driving in a ‘Manner Dangerous’ is concerned with the degree of ‘potential danger’, as opposed to any actual injury or damage that was caused.

   

  What does Drive at a ‘Speed Dangerous’ mean?

  ‘Speed Dangerous’ is again concerned with the degree of ‘potential danger’, as opposed to any actual injury or damage that was caused.

  In assessing both your speed and manner of driving, the Court will assess a number of factors including:

  1. the time of day;
  2. degree of traffic;
  3. weather conditions;
  4. any obstructions on the road; and
  5. general road conditions.

  We have a dedicated team of specialist traffic lawyers for dangerous driving charges and experts who have years of experience in fighting these charges.

  Contact us now to see how we can best defend you.

  What are the defences to Dangerous Driving?

  You can be found ‘not guilty’ if one of the following defences to dangerous driving apply:

  1. The speed you were driving was not dangerous;
  2. The manner in which you were driving was not dangerous;
  3. Identification:Police cannot prove that you were driving the vehicle
  4. Honest and reasonable mistake:You genuinely believed your driving was safe and it was reasonable for you to hold this belief. For example, where your vehicle had a defect.
  5. Duress:You were forced to drive while suspended.
  6. Necessity: You needed to drive in the circumstances (eg. you were escaping a serious assault)

   

  Our dangerous driving solicitors have helped countless clients defend these charges over the years.

• PLEADING GUILTY

  Our traffic sentencing guide will provide some general assistance if you are pleading guilty to a traffic charge or infringement. You should consult one of our senior traffic lawyers for specific advice for your case.

  Contact us now to speak to our team.

  What is the penalty for Drive in a Manner Dangerous?

  For a first offence of Drive in Manner Dangerous:

  1. the maximum penalty is 9 months imprisonment and/or a fine of $2,200;
  2. the automatic licence disqualificationperiod is 3 years.
  3. the minimum licence disqualificationperiod is 12 months.

  If you have a prior major offence in the last 5 years:

  1. the maximum penalty is 12 months imprisonment and/or a fine of $3,300.
  2. the automatic licence disqualification period is 5 years.
  3. the minimum licence disqualificationperiod is 2 years.

  If you do not receive a conviction, then you will not face any penalty or licence disqualification.

  What are the possible sentences for Drive in Manner Dangerous?

  Below are the options a Magistrate or Judge will have when sentencing for dangerous driving charges:

  • Section 10 dismissal
  • Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  • Fine
  • Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  • Community Corrections Order (previously known as Community Service Order)
  • Intensive Corrections Order
  • Full Time Imprisonment

  See below for likely penalties.

  Can you go to jail for Drive in Manner Dangerous?

  Yes, you can go to jail for this offence. While it is impossible to predict the exact Dangerous Driving penalties you will receive, we can provide a range of likely sentences. Below is a list of sentencing cases in the Local Court from October 2011:

  • Section 10 dismissal
  • Section 10 bond (Conditional release order without conviction)
  • Fine
  • Section 9 good behaviour bond (Conditional release order with conviction)
  • Community Service Order (Community Corrections Order)
  • Section 12 suspended sentence (no longer used in NSW)
  • Intensive Corrections Order
  • Home Detention (no longer used in NSW)
  • Full Time Imprisonment

  Contact us now to speak to one of our senior lawyers who can begin preparing your defence. We have years of experience in helping our clients avoid jail sentences.