Understanding Dangerous Driving Offences in NSW

Dangerous driving is a serious traffic offence in NSW that carries severe legal consequences, including hefty fines, licence disqualification, and potential imprisonment. The law takes a strict approach to reckless and hazardous behaviour on the road, particularly when it results in harm to others.

If you have been charged with dangerous driving, it is essential to understand what the law defines as ‘dangerous’ driving, the penalties you may face, and your legal defence options. This guide explains the legal framework, potential consequences, and strategies for defending against a dangerous driving charge in NSW.

What Is Considered Dangerous Driving in NSW?

Under Section 52A of the Crimes Act 1900 (NSW), dangerous driving occurs when a person operates a motor vehicle in a way that creates a substantial risk of harm to the public. This can include:

• Excessive speeding beyond the legal limits. 
• Driving under the influence (DUI) of drugs or alcohol. 
• Aggressive driving, such as tailgating or street racing. 
• Ignoring traffic signals or engaging in reckless overtaking. 
• Using a mobile phone or engaging in other distractions while driving. 
• Driving in hazardous weather conditions without appropriate caution.

Key Insight: Even if an accident does not occur, driving in a way that endangers others can result in serious legal charges.

Penalties for Dangerous Driving in NSW

The penalties for dangerous driving depend on the severity of the offence and whether it resulted in serious injury or death.

Offence	Maximum Penalty
Basic Dangerous Driving	2 years imprisonment + fine + licence disqualification
Dangerous Driving Occasioning Grievous Bodily Harm	7 years imprisonment
Dangerous Driving Occasioning Death	10 years imprisonment
Aggravated Dangerous Driving Occasioning Death (e.g., DUI, excessive speeding)	14 years imprisonment

Additionally, penalties can include: 

• Immediate licence suspension. 
• Court-imposed fines (which can range from thousands of dollars). 
• Demerit points, leading to licence disqualification. 
• Criminal conviction, which can affect employment and travel opportunities.

Key Tip: Even first-time offenders may face serious penalties, particularly if the charge involves aggravated factors such as intoxication or reckless disregard for safety.

How to Defend a Dangerous Driving Charge

If you have been charged with dangerous driving, there are several legal defences that may help reduce or dismiss the charges. Each case is unique, and the best defence depends on the specific facts of your situation.

1. Challenging the Evidence

• The prosecution must prove that your driving was objectively dangerous. 
• If there is insufficient evidence, the charge may be withdrawn or reduced.
• Your lawyer can challenge police reports, witness statements, or video footage.

2. Disputing the ‘Dangerous’ Element

• If your driving was not actually dangerous under legal standards, the charge may not hold. 
• For example, a momentary lapse of judgement without actual risk to the public may not qualify as ‘dangerous.’.

3. Necessity or Emergency Defence

• If you were driving dangerously to avoid immediate harm or danger, this may be a valid legal defence. 
• Example: Swerving dangerously to avoid a pedestrian or an oncoming vehicle.

4. Mechanical Defect Defence

• If your vehicle had a mechanical failure that was beyond your control, this might serve as a defence. 
• Evidence from mechanics or vehicle inspections can support this claim.

5. Medical Emergency Defence

• If you were experiencing a sudden medical episode (e.g., seizure, heart attack), this may be a defence. 
• Medical records and expert testimony can help substantiate this claim.

Best Practice: Engaging an experienced traffic lawyer early in the process can help identify the strongest defence for your case.

Can Dangerous Driving Charges Be Reduced?

In some cases, dangerous driving charges can be reduced to a lesser offence, such as negligent driving or careless driving, which carry lighter penalties.

Courts may consider: 

• The driver’s prior record (first-time offenders may receive leniency). 
• Mitigating circumstances, such as momentary distraction or external factors. 
• Good character references and evidence of remorse. 
• Plea bargains, where pleading guilty to a lesser offence may result in lower penalties.

Key Tip: If a conviction cannot be avoided, reducing the charge to a less serious offence can significantly minimise penalties.

What to Do If You Are Charged with Dangerous Driving

If you are facing a dangerous driving charge in NSW, follow these steps to protect your legal rights:

Step 1: Seek Legal Representation Immediately

• A traffic lawyer can assess your case and advise on possible defences. 
• Early legal intervention can increase the likelihood of a reduced charge or dismissal.

Step 2: Gather Evidence

• Obtain witness statements, dashcam footage, or expert reports. 
• Gather medical records if you had a medical episode during the incident.
• Document road conditions, traffic signals, and any contributing factors.

Step 3: Avoid Discussing the Case Publicly

• Do not admit guilt or discuss details with police before consulting a lawyer. 
• Anything you say can be used against you in court.

Step 4: Prepare for Court

• Your lawyer will help you develop a defence strategy. 
• Be prepared to provide character references and evidence of responsible driving history.
• Consider taking a defensive driving course to show rehabilitative intent.

Key Tip: Taking proactive steps can strengthen your defence and improve your chances of a favourable outcome.

FAQs on Dangerous Driving in NSW

1. Can I Lose My Licence for Dangerous Driving?

• Yes. Dangerous driving convictions often lead to immediate licence suspension and long-term disqualification.
• Aggravated offences may result in permanent licence cancellation.

2. Can I Go to Jail for Dangerous Driving?

• Yes. Serious offences, especially those causing injury or death, carry prison sentences of up to 14 years.
• Courts consider aggravating factors like excessive speed, DUI, or reckless behaviour.

3. Is Dangerous Driving the Same as Negligent Driving?

• No. Negligent driving is a less serious offence. 
• Dangerous driving requires proof of substantial risk to the public.

4. What Are My Chances of Getting Charges Dropped?

• This depends on evidence strength, mitigating factors, and legal defence.
• Strong legal representation increases the likelihood of a favourable outcome.

Conclusion: Defending Against Dangerous Driving Charges in NSW

If you have been charged with dangerous driving, it’s crucial to act quickly and seek legal guidance. Understanding your rights, possible defences, and court procedures can make a significant difference in reducing penalties or avoiding conviction.

At Jones Hardy Law, we specialise in traffic offence defence and can help you navigate your legal options effectively. For expert legal representation, visit JonesHardyLaw.com.au and book a consultation today.

Suite 701
225 Clarence Street
Sydney NSW 2000

CALL: (02) 7257 0384

Email: [email protected]