Dangerous, Reckless, or Negligent Driving

At Drinkwater Criminal and Family Lawyers, we understand the serious implications that charges of dangerous, reckless, or negligent driving can have on your life. Serving clients in Forster, Taree, Newcastle and surrounding areas, our experienced legal team provides expert representation for offences including hooning, street racing, and driving behaviours that endanger others, particularly those resulting in injury or death.

Understanding Dangerous, Reckless, and Negligent Driving Offences in New South Wales

In New South Wales, traffic laws categorise certain driving behaviours as dangerous, reckless, or negligent, each carrying significant penalties.​

  1. Dangerous Driving
    Defined under Section 52A of the Crimes Act 1900, dangerous driving occurs when a vehicle is involved in an impact causing death or grievous bodily harm, and the driver was:

    • Under the influence of intoxicating liquor or drugs.​

    • Driving at a speed dangerous to others.​

    • Driving in a manner dangerous to others.

    Penalties vary based on the severity and circumstances:

    • Dangerous Driving Occasioning Death: Up to 10 years' imprisonment.

    • Aggravated Dangerous Driving Occasioning Death: Up to 14 years' imprisonment.​

    • Dangerous Driving Occasioning Grievous Bodily Harm: Up to 7 years' imprisonment.​

    • Aggravated Dangerous Driving Occasioning Grievous Bodily Harm: Up to 11 years' imprisonment.

  2. Reckless or Furious Driving
    Under Section 117 of the Road Transport Act 2013, it is an offence to drive a vehicle recklessly, furiously, or at a speed or in a manner dangerous to the public. Penalties include:

    • First Offence: Fines up to $2,200 and/or imprisonment for up to 9 months.​

    • Subsequent Offence: Fines up to $3,300 and/or imprisonment for up to 12 months.​

    • Licence Disqualification: Minimum of 12 months for a first offence and 2 years for subsequent offences. ​

  3. Negligent Driving
    Negligent driving refers to operating a vehicle without the due care and attention reasonably expected, potentially causing harm. Penalties escalate based on the outcome:

    • Negligent Driving Not Occasioning Death or Grievous Bodily Harm: Fines and demerit points.​

    • Negligent Driving Occasioning Grievous Bodily Harm: Fines up to $2,200, imprisonment up to 9 months, and licence disqualification.​

    • Negligent Driving Occasioning Death: Fines up to $3,300, imprisonment up to 18 months, and licence disqualification. ​

  4. Hooning and Street Racing
    Engaging in activities such as burnouts, doughnuts, or street racing is illegal and carries severe penalties:

    • Fines: Up to $3,300 for first offences.​

    • Imprisonment: Up to 9 months for first offences.​

    • Licence Disqualification: Minimum of 12 months.​

    • Vehicle Impoundment: Authorities may confiscate vehicles involved in hooning offences. ​

Our Legal Services

  • Personalised Defence Strategies: We analyse the specifics of your case to develop tailored defence strategies aimed at achieving the best possible outcome.​

  • Negotiation and Representation: Our team engages in negotiations with prosecutors and provides robust representation in court proceedings.​

  • Guidance on Legal Obligations: We offer clear advice on your legal rights and obligations, ensuring you are well-informed throughout the legal process.​

Why Choose Drinkwater Lawyers

  • Local Expertise: With deep roots in Forster, Taree, Newcastle, and surrounding regions, we have a thorough understanding of the local legal landscape.​

  • Client-Centric Approach: We prioritise your well-being, offering personalised legal strategies tailored to your unique circumstances.​

  • Comprehensive Support: From initial consultations to court representations, we stand by you at every stage, ensuring clarity and confidence throughout the legal process.​

Contact Us

Facing charges related to dangerous, reckless, or negligent driving can be daunting, but you don't have to navigate this challenging time alone. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the expert legal support you need to protect your rights and future.

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Traffic Law