What's happening?
Dangerous driving charges arise where a person is alleged to have driven a vehicle in a manner that was dangerous to others, having regard to factors such as speed, road conditions, traffic and the state of the vehicle. Where the driving is alleged to have caused death or grievous bodily harm, the charge becomes significantly more serious and can be dealt with in a higher court.
These matters often involve detailed evidence, including police observations, witness accounts, vehicle inspections and sometimes expert reconstruction of the incident. Because the consequences can be serious, particularly where injury or death is involved, an early and careful review of the evidence is important.
Dangerous driving is treated differently from simple negligent driving, and the distinction between the two can significantly affect both the court the matter is heard in and the potential outcome.
What could it mean for me?
- Dangerous driving occasioning death or grievous bodily harm is a serious indictable offence that can be heard in the District Court.
- A finding of guilt can result in licence disqualification in addition to any other penalty imposed.
- These matters can carry the possibility of imprisonment depending on the circumstances and outcome.
- Bail conditions may be imposed while a serious dangerous driving matter is before the court.
- The emotional impact on victims and their families often means these matters are dealt with carefully and seriously by the court.
What are my options?
- Contesting the charge where there is a genuine dispute about whether the driving was dangerous.
- Raising the availability of alternative or lesser charges, such as negligent driving, where appropriate.
- Pleading guilty and focusing on mitigating circumstances and rehabilitation for sentencing.
- Seeking expert evidence to challenge the prosecution's version of how the incident occurred.
- Engaging with support programs or courses relevant to driving behaviour, where relevant to the matter.
What happens next?
- Avoid discussing the incident with police without first obtaining legal advice.
- Preserve any evidence such as dashcam footage, vehicle records or witness contact details.
- Attend your first court date and seek advice on the police brief once available.
- Consider what support or counselling may be relevant if the incident involved injury to others.
- Discuss with your lawyer whether the matter is suited to negotiation over the charge laid.
How can MGE Lawyers help?
We represent clients in dangerous driving matters ranging from Local Court charges through to more serious matters heard in the District Court. We review the evidence carefully, including any expert or forensic material, to understand how the prosecution puts its case.
Given the seriousness of these charges, we focus on giving clients realistic advice early, including whether there is scope to negotiate the charge or whether the matter is better suited to a defended hearing, and we prepare thorough material for sentencing where a guilty plea is appropriate.