Can Dangerous Driving Charges Be Defended?

Being charged with dangerous driving does not mean you will automatically be convicted. Like every criminal offence, the prosecution must prove the charge beyond reasonable doubt. 

If you are wondering whether dangerous driving charges can be defended, the answer is yes. Whether you have a viable defence depends on the circumstances of the alleged driving and the strength of the prosecution evidence.

What Must the Prosecution Prove?

To obtain a conviction for dangerous driving under section 64 of the Road Safety Act 1986 (Vic), the prosecution must prove beyond reasonable doubt that you drove a motor vehicle at a speed or in a manner that was dangerous to the public, having regard to all of the circumstances.

When determining whether the driving was dangerous, the court may consider matters such as:

• The speed of the vehicle.

• The nature, condition and use of the road.

• The amount of traffic.

• The weather and visibility.

• The presence of pedestrians or other road users.

• Any other circumstances relevant to the manner of driving.

Simply because an accident occurred does not automatically mean the driving was legally dangerous.

Is Dangerous Driving the Same as Careless Driving?

No.

Careless driving and dangerous driving are different offences.

Careless driving generally involves a failure to exercise the standard of care expected of a reasonable driver. Dangerous driving is more serious and requires the prosecution to prove that the speed or manner of driving created a danger to the public.

In some cases, the evidence may support a charge of careless driving rather than dangerous driving. Identifying that distinction can have significant consequences, particularly because dangerous driving carries a mandatory minimum licence disqualification.

What Are Some Possible Defences?

Every case is different, but there are a number of issues that may arise.

In some matters, there may be a dispute about the speed of the vehicle or the reliability of speed detection evidence. In others, witness accounts may conflict or fail to accurately describe what occurred.

There may also be cases where the prosecution cannot establish that the driving reached the legal threshold of being dangerous, even if it involved an error of judgment.

Where appropriate, it may also be possible to argue that another driver or an unexpected event caused or contributed to the incident.

The availability of any defence depends on the particular facts of the case.

Can the Charges Be Reduced?

Yes.

In some circumstances, it may be appropriate to negotiate with the prosecution to seek the withdrawal of a dangerous driving charge and its replacement with a lesser offence, such as careless driving.

Whether this is possible depends on the available evidence and whether the alleged conduct properly satisfies the legal definition of dangerous driving.

Early negotiations can often be important, particularly where there are genuine issues about the seriousness of the driving.

What Evidence Is Used?

Dangerous driving prosecutions often rely on a range of evidence.

This may include witness statements, CCTV footage, dashcam recordings, body-worn camera footage, accident reconstruction evidence, photographs, speed detection evidence and admissions made during a police interview.

Carefully reviewing that material is an essential part of determining whether the prosecution can prove the charge.

Should I Plead Guilty?

Whether you should plead guilty depends entirely on the evidence and your individual circumstances.

Before making that decision, it is important to understand whether the prosecution can prove the charge, whether any legal defences are available and whether there is any basis to negotiate a different charge.

Obtaining legal advice before entering a plea is essential.

Speak to Wilkinson Lawyers

If you have been charged with dangerous driving in Victoria, Wilkinson Lawyers can help. We regularly represent clients facing serious traffic offences throughout Victoria. We can carefully assess the prosecution evidence, identify any available defences and advise whether there is a basis to contest the charge or negotiate a more favourable outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.