Will I Go to Jail for Dangerous Driving?

Being charged with dangerous driving is a serious matter, and many people immediately worry that they are going to prison. 

If you are wondering whether you will go to jail for dangerous driving, the answer depends on the specific offence you have been charged with, the circumstances of the driving and your personal history. While imprisonment is a sentencing option, not every conviction for dangerous driving results in a jail sentence.

Is Jail Automatic for Dangerous Driving?

No.

A conviction for dangerous driving under section 64 of the Road Safety Act 1986 (Vic) does not automatically result in imprisonment.

The court has a range of sentencing options available, including a fine, a Community Corrections Order or a term of imprisonment. The appropriate sentence will depend on the seriousness of the offending and the offender’s personal circumstances.

Although imprisonment is not mandatory, a conviction for dangerous driving does carry a mandatory minimum licence disqualification.

What Factors Does the Court Consider?

When deciding whether imprisonment is appropriate, the court will consider all of the circumstances surrounding the offending.

Relevant factors include the manner of driving, the speed involved, the level of danger created, the amount of traffic, road and weather conditions, whether anyone was injured, whether alcohol or drugs were involved and your traffic and criminal history.

The court will also consider whether you pleaded guilty, your level of remorse, your personal circumstances and your prospects of rehabilitation.

The more serious the risk created by the driving, the more likely imprisonment becomes.

When Is Jail More Likely?

A term of imprisonment is more likely where the dangerous driving involved exceptionally high speeds, prolonged or deliberate dangerous driving, police pursuits, injuries to victims, or aggravating features such as driving whilst significantly affected by alcohol or drugs.

Repeat offenders or drivers with a poor traffic history are also more likely to receive a custodial sentence than someone appearing before the court for the first time.

However, every case is assessed individually.

Can You Avoid Going to Jail?

Yes.

Many people convicted of dangerous driving receive a sentence other than imprisonment, particularly where nobody was injured, the offending was out of character and there are strong prospects of rehabilitation.

Evidence of stable employment, family responsibilities, genuine remorse, participation in counselling or treatment, and a previously good driving record may all assist the court in determining that imprisonment is not necessary.

Will I Lose My Licence?

Yes.

Unlike imprisonment, licence disqualification is mandatory for dangerous driving under section 64 of the Road Safety Act 1986 (Vic).

If you are convicted, the court must cancel your driver’s licence and disqualify you from driving for at least six months. If the dangerous driving involved travelling 45 km/h or more above the speed limit, the minimum disqualification increases to 12 months.

The court cannot reduce these minimum periods because of hardship or your need to drive for work.

Can the Charge Be Defended?

Yes.

The prosecution must prove beyond reasonable doubt that your speed or manner of driving was dangerous to the public, having regard to all of the circumstances.

Depending on the facts of the case, there may be disputes about the manner of driving, the speed alleged, witness evidence or whether the conduct amounts to dangerous driving rather than the lesser offence of careless driving.

If you successfully defend the charge, you will avoid both the conviction and the mandatory licence disqualification.

Why Legal Advice Is Important

Dangerous driving charges often involve significant consequences beyond the immediate penalty, including the mandatory loss of your driver’s licence and the possibility of imprisonment.

Obtaining legal advice at an early stage allows the prosecution evidence to be carefully reviewed, any available defences to be identified and, where appropriate, negotiations to take place with the prosecution regarding the charges.

Speak to Wilkinson Lawyers

If you have been charged with dangerous driving in Victoria, Wilkinson Lawyers can provide experienced legal advice and representation. We regularly act for clients facing serious driving offences throughout Victoria and can assess the prosecution case, explain the sentencing options available and work towards achieving the best possible outcome, whether by negotiation, plea or contested hearing.

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