Driving in a Dangerous Manner
Driving in a Dangerous Manner is an offence under Section 117(2) of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You drove a motor vehicle, and
- Your manner of driving was dangerous
Your driving was dangerous if it was:
“In a real sense potentially dangerous to a human being or human beings who as a member or members of the public may be upon or in the vicinity of the roadway on which the driving is taking place”.
Your driving must have:
“create[d] a danger, real or potential, to the public”.
When determining whether the offence has occurred 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
If it is your first major traffic offence in the past 5 years the maximum penalty is:
- 9 months in prison
- A 3 year ‘automatic’ licence disqualification, which the court can reduce to 12 months, and
- A fine of $2,200
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
- 12 months in prison
- A 5 year automatic licence disqualification, which the court can reduce to 2 years, and
- A fine of $3,300
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
Defences to the charge include:
- Necessity
- Duress, and
- Automatism
What Our Clients Say SEE ALL
-
★★★★★
Could not wish for a better outcome at court
Mehmet did an unbelievable job in court for me. Could not wish for a better…
-
★★★★★
Very proffesional approach
Quick shout out to Fahim from Sydney Criminal Lawyers. This guy means business and does…
-
★★★★★
Went above and beyond to secure a favourable outcome
Rasheen Mahmodian provided great legal advice and went above and beyond to secure a favourable…
-
★★★★★
The outcome was even better than expected
Karina Diec was absolutely amazing, could not fault her efforts, dedication, advice and just making…