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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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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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