Will I Lose My Licence for Dangerous Driving?

If you have been charged with dangerous driving, you will face a mandatory period of licence disqualification if you are found guilty. 

Dangerous driving under section 64 of the Road Safety Act 1986 (Vic) carries a minimum licence disqualification of six months. This distinguishes dangerous driving from some other offences involving dangerous or reckless conduct, which may not carry an automatic licence loss.

What Is Dangerous Driving?

Dangerous driving is committed when a person drives a motor vehicle at a speed or in a manner that is dangerous to the public, having regard to all the circumstances.

The court will consider the way the vehicle was driven, the speed involved, the road and weather conditions, the amount of traffic, the presence of pedestrians and the degree of risk created by the driving.

The prosecution does not necessarily have to prove that another person was injured. The issue is whether the speed or manner of driving was dangerous to the public.

Is Licence Disqualification Mandatory?

Yes.

If you are found guilty of dangerous driving under section 64 of the Road Safety Act, the court must cancel your driver’s licence and disqualify you from driving for at least six months.

The court cannot allow you to keep your licence simply because you need it for work, operate a business, live in a regional area or have family responsibilities. Victoria does not have a general work licence that permits you to continue driving during the disqualification period.

The six-month period is a minimum only. The court may impose a longer period of disqualification if it considers that appropriate.

What If the Dangerous Driving Involved Excessive Speed?

A longer mandatory minimum applies where the dangerous driving involved travelling at least 45 kilometres per hour above the applicable speed limit.

In those circumstances, the court must cancel your licence and disqualify you from driving for at least 12 months.

Again, this is only the minimum period. The court may impose a longer disqualification depending on the seriousness of the driving and your traffic history.

What Is the Difference Between Dangerous Driving and Reckless Conduct Endangering Serious Injury?

Dangerous driving under section 64 of the Road Safety Act carries a mandatory minimum licence disqualification.

Reckless conduct endangering serious injury is a different offence under the Crimes Act 1958 (Vic). It applies where a person recklessly engages in conduct that places another person in danger of serious injury. Although the alleged conduct may involve the use of a motor vehicle, the offence itself does not carry the same automatic minimum licence disqualification as dangerous driving.

This distinction can be particularly important where police have laid several charges arising from the same driving incident. A person convicted of dangerous driving must lose their licence, whereas a conviction for reckless conduct endangering serious injury does not, by itself, require the court to impose a mandatory licence disqualification.

However, the court may still have a discretion to disqualify a person from driving where the offending involved the use of a motor vehicle.

What About Dangerous Driving Causing Death or Serious Injury?

Dangerous driving causing death or serious injury is a more serious indictable offence under the Crimes Act.

A conviction carries significant penalties, including the possibility of imprisonment and a mandatory period of licence disqualification. The length of the disqualification will depend on the particular offence and the circumstances of the case.

These matters are generally dealt with in the County Court, although some dangerous driving causing serious injury charges may be capable of being heard in the Magistrates’ Court.

What About Culpable Driving Causing Death?

Culpable driving causing death is one of the most serious driving offences in Victoria.

It applies where a person causes another person’s death by driving culpably, including driving recklessly, negligently or while affected by alcohol or drugs in the circumstances prescribed by the legislation.

A conviction carries the likelihood of a lengthy term of imprisonment and mandatory licence cancellation and disqualification.

Can the Court Reduce the Six-Month Minimum?

No.

The court cannot impose less than the mandatory minimum period prescribed by section 64. Personal hardship, employment consequences and an otherwise good driving history do not allow the court to reduce the disqualification below six months.

Those matters may still be relevant when the court decides whether to impose a longer disqualification and when determining the fine or other sentence.

Can the Charge Be Reduced to Careless Driving?

In some cases, it may be possible to negotiate with the prosecution for dangerous driving to be withdrawn and replaced with careless driving.

Careless driving is a less serious offence and does not carry the same mandatory minimum licence disqualification. Whether such a resolution is available will depend on the prosecution evidence and whether the alleged driving properly meets the legal threshold of dangerous driving.

The distinction between careless and dangerous driving can be significant. A momentary error of judgment or a failure to exercise appropriate care will not necessarily amount to driving in a manner dangerous to the public.

Can I Defend the Charge?

Yes.

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

There may be disputes about how the vehicle was driven, the reliability of witness accounts, the accuracy of speed evidence or whether the conduct was sufficiently serious to amount to dangerous driving rather than careless driving.

If you successfully defend the charge, the mandatory licence disqualification will not apply.

Speak to Wilkinson Lawyers

If you have been charged with dangerous driving in Victoria, it is important to obtain legal advice before deciding whether to plead guilty or contest the charge.

Wilkinson Lawyers regularly represents clients charged with dangerous driving, reckless conduct endangering serious injury and other serious traffic offences throughout Victoria. We can assess the evidence, explain the mandatory licence consequences and determine whether there is a basis to seek the withdrawal or reduction of the charge.

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