Negligent Driving (not occasioning death or GBH) is an offence under Section 117(1)(c) of the Road Transport Act 2013 which carries 3 demerit points and a fine or a maximum penalty of $1,100 if dealt with in court after which the RMS will apply 3 demerit points unless you are able to achieve a section 10 dismissal or a conditional release order without a conviction.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You drove a motor vehicle, and
- You drove the vehicle negligently
You drove ‘negligently’ if you:
“departed from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances”.
When determining whether the offence has been committed the court must consider:
- The nature, condition and use of the road at the time
- The amount of traffic on the road at the time, or which might reasonably be expected on the road at that time, and
- Any obstructions or hazards on the road at the time
Examples of negligent driving may include:
- Causing an accident by failing to keep a proper lookout for others
- Allowing a collision to occur by not driving defensively to avoid it, and
- Endangering others by not paying due care and attention to road rules or conditions
Examples that may not amount to negligent driving include:
- Where an accident was inevitable or unavoidable
- Where a previously unknown mechanical defect caused a collision, and
- Where you became unconscious due to an illness you were not previously aware of
The offence does not carry a mandatory period of licence disqualification however, a court may disqualify you for a specified period if it wishes to do so.
Defences to the charge include:
- Automatism, and
- Honest and reasonable mistake of fact
If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.
Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.
We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.
Section 117(1)(c) of the Road Transport Act 2013 is Negligent Driving (Not Occasioning Death or GBH) and reads as follows:
Negligent Driving (Not Occasioning Death or GBH)
(1) A person must not drive a motor vehicle on a road negligently.
(c) if the driving does not occasion death or grievous bodily harm–10 penalty units.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.