Careless & Dangerous Driving
Dangerous Driving Lawyers
When considered whether your driving should be deemed as “dangerous, the Court can take into account a number of factors, including but not limited to the condition of the road, the amount of traffic on the road, the type of road and of course the speed and nature of the driving itself. As it is an objective test, technically the offender does not need to put other road users at risk at the time of offending. It is an assessment of the circumstances generally, and whether they can be considered to be dangerous.
Nonetheless, you may still have a defence if we are able to show the prosecution cannot prove all of the required elements to constitute your driving as dangerous. Alternatively, you may not have been the driver, the police may not have accurately represented the case against you, or you may have been acting under duress or out of necessity.
In those circumstances a complete acquittal may be appropriate or depending on the strength of the evidence the prosecution has available, we may be able to obtain a withdrawal of the charges.
Whether or not the case is made out against you in relation to dangerous driving needs to be assessed on a case by case basis and you should schedule a free phone consultation with DDD at your earliest available opportunity.
A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.
Defences to reckless driving include
- maintaining your innocence if you did not commit the act;
- arguing that you were not driving a motor vehicle;
- to argue and disprove the elements required to constitute driving recklessly; or
- to raise necessity or duress as the reason for your conduct
A driver may be found to be negligent if they did not drive in the manner that a reasonable prudent driver would have driven, considering all the circumstances, including such factors as weather, road, traffic conditions and driving experience.
If you have been charged with negligent driving and your driver’s licence is important to you, don’t go to court unrepresented. Consider how much it will cost you to be suspended from driving for 6 – 12 months if it does not go well for you, if you are not prepared. Negligent driving that does not occasion bodily harm or death will likely be dealt with a traffic infringement notice, and not hold a period of disqualification, however where any injury has been sustained these offences become extremely serious and you should seek legal representation if you intend to defend the charges.