Experienced Dangerous Driving Lawyers

Under section 117(2) of the Road Transport Act 2013 NSW, the offence of dangerous driving described as drive furiously, recklessly, or in a manner or at a speed that endangers the public carries a term of imprisonment of 9 months (maximum term), however it increased to a maximum term of imprisonment of 12 months for a second or subsequent offence.

The term of disqualification is an automatic period of 3 years or a minimum period of 12 months for a first offence.

A second or subsequent offence has a term of automatic disqualification of 5 years or a minimum period of 2 years.

The prosecution will need to prove the following:

– That you were the driver;
– That you as the driving was at fault of an impact;
– At the time of the impact you were driving in a dangerous manner; and
– As a result of that impact another person was injured.
– That the injured resulted in grievous bodily harm.

Grievous bodily harm is defined in the Crimes Act 1900 (NSW), as follows:

(a) the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019 ) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and

(b) any permanent or serious disfiguring of the person, and

(c) any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

The maximum penalty for the offence is 7 years imprisonment. Unless there were circumstances of aggravation. If the offence is aggravated then the maximum penalty is 11 years.

The circumstances of aggravation are as follows:

– Being over the legal limit of alcohol;
– Driving at 45km or more over the speed limit;
– Being involved in a police pursuit; or
– Being significantly affected by one or more drugs.

The prosecution have to prove beyond reasonable doubt that you are guilty of section 54A of the Crimes Act 1900 (NSW).

They need to prove the following:

– That you were the driver;
– That you as the driving was at fault of an impact;
– At the time of the impact you were driving in a dangerous manner; and
– As a result of that impact another person was killed.

The maximum penalty for the offence is 10 years imprisonment. Unless there were circumstances of aggravation. If the offence is aggravated then the maximum penalty is 14 years.

The circumstances of aggravation are as follows:

– Being over the legal limit of alcohol;
– Driving at 45km or more over the speed limit;
– Being involved in a police pursuit; or
– Being significantly affected by one or more drugs.

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