Dangerous driving covers a wide range of offending from hooning style offences to driving that causes death or grievous bodily harm. The penalties range from fines to actual periods of imprisonment of up to 14 years.
There are occasions when the driving, although causing an accident or injury is not so objectively dangerous that negotiations can result in a lesser charge or resolution of the matter. In relation to other matters, it may be that material needs to be gathered to mitigate the penalties imposed.
What is the offence?
A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.
There are additional circumstances of aggravation that apply to these charges, including being adversely affected by an intoxicating substance or excessively speeding. Excessive speed is said to be an offence of driving or operating a vehicle at a speed more than 40km/h over the speed limit.
What is the penalty?
| 1. Dangerous Drive | 200 penalty units or 3 years imprisonment |
2. Dangerous Drive –
|
400 penalty units or 5 years imprisonment. |
| 3. Dangerous Drive causing GBH or Death | 10 years imprisonment. |
4. Dangerous Drive causing GBH or Death
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14 years imprisonment. |
| 5. Dangerous Drive causing GBH or Death where the offender leaves the scene. | 14 years imprisonment. |
What does the court take into account in sentencing?
The Court looks to whether one or more of the circumstances of aggravation exist.
In addition, the Court will look at the manner of driving to consider whether the driving was deliberately reckless, careless or whether it was momentary inattention or even whether the driver was doing his or her incompetent best.
If you have been charged with dangerous driving in Brisbane or on the Gold Coast, speak to an experienced traffic lawyer today.