Dangerous Driving

A charge of dangerous driving is one of the most serious traffic offences under the Road Safety Act 1986 (Vic). A conviction can result in a criminal record, substantial fines, a mandatory loss of licence and, in some cases, imprisonment. 

If you have been charged with dangerous driving, it is important to obtain legal advice early to understand the strength of the prosecution case and whether the charge can be defended.

What Is Dangerous Driving?

Dangerous driving is an offence under section 64 of the Road Safety Act 1986 (Vic).

A person commits the offence if they drive a motor vehicle at a speed or in a manner that is dangerous to the public, having regard to all of the circumstances.

Unlike careless driving, dangerous driving requires more than a simple error of judgment. The prosecution must establish that the manner or speed of driving created a danger to other road users.

Whether driving is dangerous depends on the facts of each case. The court may consider factors such as the speed of the vehicle, the condition and use of the road, traffic, weather conditions, visibility and the presence of pedestrians or other vehicles.

What Must the Prosecution Prove?

To obtain a conviction, the prosecution must prove beyond reasonable doubt that:

• you drove a motor vehicle;

• the driving occurred on a highway; and

• the speed or manner of your driving was dangerous to the public.

The prosecution is not required to prove that anyone was injured or that a collision occurred. A person can be convicted even where no accident resulted, provided the driving itself was dangerous.

What Are the Penalties?

Dangerous driving carries significantly more serious penalties than many other traffic offences.

If convicted, the court may impose:

• a criminal conviction;

• a substantial fine;

• imprisonment; and

• a mandatory minimum licence disqualification of six months.

The court may impose a longer period of disqualification depending on the seriousness of the offending and your traffic history.

When sentencing, the court will consider matters such as the level of danger created, whether anyone was injured, your prior driving history and whether you accepted responsibility for your conduct.

Is Dangerous Driving the Same as Careless Driving?

No.

Although both offences relate to the standard of driving, dangerous driving is considerably more serious.

Careless driving involves a failure to exercise the standard of care expected of a reasonable driver. Dangerous driving requires proof 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 a significant impact on both the available penalties and the mandatory licence consequences.

Can Dangerous Driving Charges Be Defended?

Yes.

Like every criminal offence, dangerous driving charges can be defended where the prosecution cannot prove every element of the offence beyond reasonable doubt.

Issues that may arise include whether:

• the driving was legally dangerous;

• witness accounts are reliable or consistent;

• the prosecution can accurately establish the speed or manner of driving;

• dashcam, CCTV or other evidence supports the allegations; or

• another driver’s actions or an unexpected event contributed to the incident.

A thorough review of the prosecution brief is essential before deciding whether to plead guilty or contest the charge.

Should I Plead Guilty?

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

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

Obtaining legal advice before entering a plea ensures that you understand your options and the likely consequences of a conviction.

Speak to Wilkinson Lawyers

If you have been charged with dangerous driving, Wilkinson Lawyers can help. We regularly represent clients facing serious traffic offences throughout Victoria. We can carefully assess the prosecution evidence, advise whether the charge can be defended and, where appropriate, negotiate with the prosecution or present submissions aimed at achieving the best possible 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.