Serious driving offences include:
- Negligent Driving
- Negligent Driving Causing Grievous Bodily Harm
- Negligent Driving Causing Death
- Furious, Reckless or Driving in a Manner Dangerous
- Dangerous Driving Causing Death
- Dangerous Driving Causing Serious Injury
- Fail to Stop and Give Assistance in an Accident Involving Death or Injury
Under the law, there are three different negligent driving nsw offences:
- Negligent driving
- Negligent driving occasioning grievous bodily harm
- Negligent driving occasioning death
Negligent driving NSW offences broadly refers to situations where you cause an accident, however your manner of driving is not reckless or dangerous enough to bring about a more serious charge, such as ‘reckless driving’ or ‘dangerous driving.’
For example, you could be charged with negligent driving NSW penalties where you were not paying attention to the road, or you did not comply with road rules, and you caused an accident.
Furious, Reckless or Driving in a Manner Dangerous
Pursuant to section 117 of the Road Transport Act 2013, it is an offence to drive furiously. The provision also makes it an offence to drive in a speed or manner dangerous, or recklessly, and often police will be vague in their description of the offence and rely on all offences.
A person can be charged with this offence if they drive their car in a way that creates a risk to other road users. The manner in which they drive the car may become furious due to the speed at which they drive or the way in which they manoeuvre the car, such as swerving or driving into or near other motorists or pedestrians.
There are two very similar offences which relate to furious driving, one in the Crimes Act 1900 and one in the Road Transport Act 2013. Police more commonly charge a person under the Road Transport Act 2013.
Examples of Furious Driving include:
- Driving your car around in circles with someone on the bonnet who flies off and grazes their elbow;
- Speeding 50km/h in excess of the posted speed limit;
- Breaking sharply before accelerating, speeding and swerving all over the road;
Section 52A(iii) and 52A (1) of the Crimes Act states:
A person is guilty of the offence of dangerous driving occasioning grievous bodily harm or occasioning death, if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm or death to another person and the driver was, at the time of the impact, driving the vehicle:
- under the influence of intoxicating liquor or of a drug, or;
- at a speed dangerous to another person or persons, or;
- in a manner dangerous to another person or persons.
A person convicted of an offence under subsection (iii) is liable to imprisonment for 7 years and 10 years under subsection (1).
A person is guilty of the offence of aggravated dangerous driving NSW occasioning either GBH or death if the offence is committed in circumstances of aggravation.
Circumstances of aggravation include any of the following:
- Being over the legal limit of alcohol;
- Driving at 45km or more over the speed limit;
- Being involved in a police pursuit; or
- Being significantly affected by drugs.
A person convicted of an offence under subsection (iii) (GBH) is liable to imprisonment for 11 years and up to 14 years for subsection (1) (death).
These offences are considered “major” offences and receive significant penalties and sentences. They are criminal offences, not simply a traffic matter, and require the expertise of an experienced criminal lawyer.
If you have been charged with any of the above offences it is imperative you seek legal advice immediately in order to stay out of jail.
Call Drink Driving Defence Sydney and start your successful legal defence.
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