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Facing charges for a negligent driving offence can be a daunting experience. Depending on the severity of your offence, you may be fined anywhere from $2,200 to $3,300. In addition, you may also be facing a prison sentence of 1-2 years. If you find yourself in this situation, it’s crucial to obtain an experienced lawyer to defend you in court.
A negligent driving charge is one of the most severe cases of significant driving offences that you can commit. This offence is not solvable with just a fine; this can lead to criminal charges. The offence of negligent driving has three subcategories: –
If you are facing the above charges relating to death or grievous bodily harm, don’t hesitate to contact our experienced negligent driving lawyers at our firm. We have extensive experience defending clients against negligent driving charges and will work tirelessly to build the best possible defence for your case.
Negligent driving typically refers to a scenario in which you cause an accident without following the proper safety driving guidelines and rules of the road. If you commit this type of offence, it would mean that you are putting yourself, other drivers, and even pedestrians at risk of critical injury or death due to a lack of attention on the road. Several examples of negligent driving include the following:
If you have been charged with negligent driving or any other traffic offence, don’t hesitate to contact our firm for aggressive legal representation. We have a successful track record in defending clients against these charges & criminal convictions and will work tirelessly to get the best possible outcome for your case.
Negligent Driving Causing Grievous Bodily Harm is a type of negligent driving offence which occurs if your driving results in significant bodily harm to someone else. Grievous bodily harm often refers to severe injury or disfigurement, such as the loss of a child if that person is pregnant, broken bones or amputation.
Whether your second or third offence, this example of driving negligently will result in the court considering sentencing you with an 18-month prison term, in accordance with Section 117 of the Road Transport Act 2013. Since this is a severe charge, the penalty cost is also steeper than if you inflicted grievous bodily harm to someone. If this is the case, you must seek legal guidance and representation. If you’re being charged with negligent driving occasioning death, please contact us for professional legal help.
Charged with the above? You are not alone, we can help – Book A Free Consultation (02) 8378 8585
Sometimes there are cases in which you are wrongfully charged for negligent driving. Below, we will review what you can do in case you are guilty or not guilty.
If you plead guilty and accept the charges against you, you may receive a more lax outcome. You must obtain a qualified traffic lawyers Sydney team to defend you in court. Be aware of the penalties for pleading guilty to this charge.
If you feel as if you are wrongfully accused of negligent driving, you can plead not guilty before the court. Though, if you don’t believe that you are responsible for this incident, the prosecution will attempt to prove otherwise.
If you are charged with negligent driving, depending on how severe it is, there are a couple of factors that you might encounter. Several of those include the following:
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Maninder Kaur2023-03-30Just wanted to say we were so blessed that we chose James and Jaramillo Lawyers , couldn’t have asked for lawyers better than than . The situation and mess that we were in earlier these lawyers stepped in and took the stress of our shoulders. He took time to understand our circumstances and was always available to ease our minds and take pressure of our minds . We know we could count on him anytime. Thank you so much . Really appreciate all that you did .Martin Glascoe2023-03-28Very positive experience with J&J today. Despite late engagement, Jonathan was able to make the necessary time to assist, providing a detailed list of supporting artefacts I needed to support my case, even taking a call at 8pm! The case plan was fully explained and I felt confident the best result would be achieved. Thanks J&J team!Jennifer Vargas2023-03-23Thank you to Jonathan and Jamie for your support. I highly recommend J&J Lawyers as they are professional and effective. What a great outcome in my case... Gracias Jonathan!Michael Metherell2023-03-17Jonathan and his team are very good at what they do. I was dealing with Jonathan and his assistant Jamie, they were both extremely helpful and supportive with helping me prepare for my court case. Jonathan holds himself very professionally in court and is a confident lawyer. Considering my circumstances where not great and had a hard case, Jonathan handled it well and in result of this it all went in my favour. I highly recommend him and his team. Thank you Jonathan, I'm very greatfull to have found you.Gail2023-03-15Best lawyers ever very thorough has your best interests at heart I wouldn't goSidney C2023-03-08Positive experience & positive outcome - After being in contact with multiple different law firms, I found Jonathan was the right lawyer for us. He was very responsive (even outside working hours) and was able to provide us with one on one service. He took the time to understand our personal circumstances and was always available to ease our minds by providing clear and honest advice. Jonathan shows great confidence in his work which allowed us to place our trust in him for representation. During a highly stressful period, Jonathan definitely made the court process just that little bit easier. Your time and dedication to your work does not go unnoticed - thank you Jonathan!Jye Doyle2023-03-02I’d like to highly recommend Tom Seeney from James & Jaramillo Lawyers. Tom took me on as a client after I was struggling with a lawyer from another firm that took no care in my case. Tom has represented me in multiple cases now and has never failed to impress me with his professionalism and attention to detail, saving me from serious legal implications more times than I could’ve imagined. 5 stars, would not look past him.Angela Doyle2023-03-02I would like to highly recommend Tom Seeney. Mr Seeney took over my case at fairly short notice after my previous lawyer proved to be unsatisfactory. Tom was thorough, extremely knowledgeable about the law and professional in his demeanour at all times. I am so grateful that he took on my case as we got an outstanding outcome. Would highly recommend him. Big thank you from Jye, Liz and Anj.RIEG Wang2023-03-01I am so so grateful to find Tom to help my divorce case After almost one year with a really aweful law firm,which cost me a lot of money and put me in a very difficult position,i want to say big thank you to Tom,you are a great lawyer,but more importantly, a decent human To those who are stucking in a divorce case, i hope you can find a good lawyer like Tom and end the case soon!Mohammad Islam2023-02-26Very much professional and organised. I am really happy with the service they provided. Definitely recommend others to give them a call and book an appointment to see the difference.
Maninder Kaur2023-03-30Just wanted to say we were so blessed that we chose James and Jaramillo Lawyers , couldn’t have asked for lawyers better than than . The situation and mess that we were in earlier these lawyers stepped in and took the stress of our shoulders. He took time to understand our circumstances and was always available to ease our minds and take pressure of our minds . We know we could count on him anytime. Thank you so much . Really appreciate all that you did .Martin Glascoe2023-03-28Very positive experience with J&J today. Despite late engagement, Jonathan was able to make the necessary time to assist, providing a detailed list of supporting artefacts I needed to support my case, even taking a call at 8pm! The case plan was fully explained and I felt confident the best result would be achieved. Thanks J&J team!Jennifer Vargas2023-03-23Thank you to Jonathan and Jamie for your support. I highly recommend J&J Lawyers as they are professional and effective. What a great outcome in my case... Gracias Jonathan!Michael Metherell2023-03-17Jonathan and his team are very good at what they do. I was dealing with Jonathan and his assistant Jamie, they were both extremely helpful and supportive with helping me prepare for my court case. Jonathan holds himself very professionally in court and is a confident lawyer. Considering my circumstances where not great and had a hard case, Jonathan handled it well and in result of this it all went in my favour. I highly recommend him and his team. Thank you Jonathan, I'm very greatfull to have found you.Gail2023-03-15Best lawyers ever very thorough has your best interests at heart I wouldn't goSidney C2023-03-08Positive experience & positive outcome - After being in contact with multiple different law firms, I found Jonathan was the right lawyer for us. He was very responsive (even outside working hours) and was able to provide us with one on one service. He took the time to understand our personal circumstances and was always available to ease our minds by providing clear and honest advice. Jonathan shows great confidence in his work which allowed us to place our trust in him for representation. During a highly stressful period, Jonathan definitely made the court process just that little bit easier. Your time and dedication to your work does not go unnoticed - thank you Jonathan!Jye Doyle2023-03-02I’d like to highly recommend Tom Seeney from James & Jaramillo Lawyers. Tom took me on as a client after I was struggling with a lawyer from another firm that took no care in my case. Tom has represented me in multiple cases now and has never failed to impress me with his professionalism and attention to detail, saving me from serious legal implications more times than I could’ve imagined. 5 stars, would not look past him.Angela Doyle2023-03-02I would like to highly recommend Tom Seeney. Mr Seeney took over my case at fairly short notice after my previous lawyer proved to be unsatisfactory. Tom was thorough, extremely knowledgeable about the law and professional in his demeanour at all times. I am so grateful that he took on my case as we got an outstanding outcome. Would highly recommend him. Big thank you from Jye, Liz and Anj.RIEG Wang2023-03-01I am so so grateful to find Tom to help my divorce case After almost one year with a really aweful law firm,which cost me a lot of money and put me in a very difficult position,i want to say big thank you to Tom,you are a great lawyer,but more importantly, a decent human To those who are stucking in a divorce case, i hope you can find a good lawyer like Tom and end the case soon!Mohammad Islam2023-02-26Very much professional and organised. I am really happy with the service they provided. Definitely recommend others to give them a call and book an appointment to see the difference.
Here at JJ Lawyers, we strive to protect and defend those in court, regardless of your background. Our goal is to provide top-quality service for our clients. If you are looking for an experienced traffic lawyer, please contact us.
If you have been charged with negligent driving, don’t hesitate to contact our firm for aggressive legal representation for your traffic law matter. We have a successful track record in defending clients against these charges and will work tirelessly to get the best possible outcome for your case.
Police can charge a driving with negligent driving under section 117 of the Road Transport Act.
The Supreme Court of NSW, defined negligent driving in the case of Director of Public Prosecutions (NSW) v Yeo and Anor [2008] NSWSC 953 at paragraph 27 as follows:
“Negligent driving is established where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances”
The maximum fine is $1100.00.
If the police officer provides you with an infringement notice the standard fine is $464.00 and once paid it is 3 demerit points.
If provided with a court attendance notice and the matter goes before the Court the Magistrate has the power to give you a non-conviction result. However, if you are convicted the Magistrate can disqualify you from driving.
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 negligent in your manner of driving;
As a result of that impact another person was injured; and
That the injured resulted in grievous bodily harm.
What is the penalty for negligent driving causing grievous bodily harm?
The maximum penalty for the offence is 9 months imprisonment for a first offence or 12 months for a second or subsequent offence.
All sentencing outcomes are available to the sentencing Magistrate or Judge.
The prosecution have to prove beyond a reasonable doubt the following for you to be guilty of this offence:
That you were the driver;
That you as the driving was at fault of an impact;
At the time of the impact you were negligent in your manner of driving; and
As a result of that impact another person was killed.
The maximum penalty for the offence is 18 months imprisonment for a first offence or 2 years for a second or subsequent offence.
All sentencing outcomes are available to the sentencing Magistrate or Judge.
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