DANGEROUS DRIVING
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Dangerous Driving Is A Serious Offence
Dangerous driving is considered a very serious traffic offence in New South Wales (NSW). It falls under Section 117(2) of the Road Transport Act 2013 and can result in severe penalties, including imprisonment.
What Is Considered As Dangerous Driving ?
Dangerous driving, also known as “driving furiously, recklessly or at a speed or in a manner dangerous to the public,” refers to operating a vehicle in a way that poses a significant risk to the safety of others. This offence encompasses a range of dangerous driving behaviors, such as:
- Excessive speeding
- Aggressive or erratic driving
- Failing to obey traffic signals or signs
- Driving under the influence of drugs or alcohol
- Engaging in illegal street racing or burnouts
The key element is that the driver’s actions demonstrate a blatant disregard for the rules of the road and the safety of other road users.
What Does the Prosecution Need to Prove?
To secure a conviction for dangerous driving, the prosecution must prove beyond reasonable doubt that the accused person:
- Was driving a motor vehicle on a road or road-related area.
- Drove the vehicle furiously, recklessly, or at a speed or in a manner dangerous to the public.
The prosecution may rely on various forms of evidence, including eyewitness accounts, police observations, CCTV footage, or expert testimony to establish the dangerous nature of the driving.
What Are the Police Roadside Powers?
Under the Road Transport Act 2013, police officers have broad powers to stop and inspect vehicles if they reasonably suspect that a traffic offence has been committed. In cases of dangerous driving, officers may:
- Conduct roadside breath tests or drug tests
- Require the driver to produce their license and vehicle registration
- Issue a court attendance notice or on-the-spot fine
- Immediately suspend or confiscate the driver’s license
- Impound or seize the vehicle
What Are Other Related Charges Under Dangerous Driving?
Several other traffic offences may be charged in conjunction with or as an alternative to dangerous driving, depending on the circumstances. These include:
- Negligent driving (Section 117(1) Road Transport Act 2013)
- Menacing driving (Section 118 Road Transport Act 2013)
- Predatory driving (Section 51A Crimes Act 1900)
- Police pursuit (Section 51B Crimes Act 1900)
- Failing to stop and assist after an impact causing injury or death (Section 146 Road Transport Act 2013)
CASE STUDY
In a real-life case from 2021, a 25-year-old man was charged with dangerous driving after leading police on a high-speed chase through residential streets in Sydney’s west. Witnesses reported the driver running multiple red lights, driving on the wrong side of the road, and reaching speeds of up to 150 km/h in a 60 km/h zone. The pursuit ended when the driver lost control and crashed into a parked car. Fortunately, no one was seriously injured, but the driver faced severe penalties for his reckless actions.
Summary Court Process (Local Court)
Most dangerous driving cases are heard in the Local Court as summary offences. The typical process involves:
- The accused is served with a court attendance notice outlining the charges.
- The matter is listed for mention, wHERE the accused can enter a plea.
- If pleading guilty, sentencing submissions are made, and the magistrate determines the appropriate penalty.
- If pleading not guilty, the matter proceeds to a defended hearing, wHERE evidence is presented, and the magistrate decides on guilt or innocence.
Indictable Court Process (District Court or Supreme Court)
In more severe cases, such as those involving serious injury or death, dangerous driving charges may be prosecuted as indictable offences in the District Court or Supreme Court. This process involves:
- The accused is charged and brought before a Local Court for committal proceedings.
- If committed for trial, the matter is transferred to a higher court.
- The accused enters a plea, and if pleading not guilty, a trial date is set.
- At trial, evidence is presented before a judge and jury, who determine guilt or innocence.
- If found guilty, the judge imposes a sentence.
Local Court Sentencing Options
If convicted of dangerous driving in the Local Court, the sentencing options available to the magistrate include:
- Fines (up to $3,300)
- Community service orders
- Good behavior bonds
- Intensive correction orders
- Prison sentences (up to 18 months)
- License disqualification (mandatory minimum of 12 months)
The magistrate will consider factors such as the degree of danger posed, the driver’s criminal history, and any mitigating or aggravating circumstances when determining the appropriate penalty.
Dangerous Driving
According to the Road Transport Act 2013 of New South Wales, the penalties for dangerous driving offences under Section 117 are as follows: Negligent Driving:
- If the driving occasions death:
- First offence: 30 penalty units ($3,300) or 18 months imprisonment, or both
- Subsequent offence: 50 penalty units ($5,500) or 2 years imprisonment, or both
- If the driving occasions grievous bodily harm:
- First offence: 20 penalty units ($2,200) or 9 months imprisonment, or both
- Subsequent offence: 30 penalty units ($3,300) or 12 months imprisonment, or both
- If the driving does not occasion death or grievous bodily harm: 10 penalty units ($1,100)
Furious, Reckless or Dangerous Driving:
- First offence: 20 penalty units ($2,200) or 9 months imprisonment, or both
- Subsequent offence: 30 penalty units ($3,300) or 12 months imprisonment, or both
Additionally, if convicted of any dangerous driving offence under Section 117, the court must disqualify the offender from holding a driver's license:
- For a first offence - minimum 12 months disqualification
- For a subsequent offence - minimum 2 years disqualification
The court also has discretion to impose higher penalties, longer disqualification periods, or other sentencing options like community service orders or intensive correction orders, depending on the circumstances of the case.
For repeat offenders of dangerous driving offences in New South Wales, the consequences and penalties are significantly harsher compared to first-time offenders. According to the Road Transport Act 2013, if a person is convicted of a dangerous driving offence and it is considered a "second or subsequent offence", the following penalties apply: Fines:
- For a second or subsequent offence of dangerous driving (furious, reckless or dangerous driving under Section 117(2)), the maximum fine is $3,300 (30 penalty units)
Imprisonment:
- For a second or subsequent offence of dangerous driving, the maximum term of imprisonment is 12 months
License Disqualification:
- The court must disqualify the offender from holding a driver's license for a minimum period of 2 years for a second or subsequent dangerous driving offence
- The court has discretion to impose a longer disqualification period if warranted.
An offence is considered a "second or subsequent offence" if, within 5 years before the current conviction, the person was previously convicted of:
- A dangerous driving offence (negligent driving, furious/reckless driving, menacing driving, etc.)
- A major traffic offence like drink driving, drug driving, police pursuit, predatory driving, etc.
And the current offence occurred on a different occasion than the previous offence. So repeat dangerous driving offenders face significantly higher maximum fines, potential imprisonment of up to 1 year, and a mandatory minimum 2-year license disqualification period. The courts take a very strict approach to deter repeat dangerous driving behavior that puts the public at risk.
- First offence - Minimum 12 months license disqualification
- Subsequent offence - Minimum 2 years license disqualification
- First offence - Minimum 12 months license disqualification
- Subsequent offence - Minimum 2 years license disqualification
- 12 months for a first offence
- 2 years for a second or subsequent offence
Disclaimer
Please note that this information is general in nature and should not be considered legal advice. Every case is unique, and the specific circumstances and evidence will determine the outcome. If you are facing dangerous driving charges, it is strongly recommended that you seek legal representation from an experienced traffic lawyer who can advise you on the best course of action and defend your rights in court.
