Dangerous Driving

Dangerous Driving

Dangerous driving is often glorified in movies and video games. It can be considered by some to be harmless fun, free of any consequence. In reality however, dangerous driving quite often can result in serious legal consequences that last far longer than a quick adrenaline rush.

This article provides an overview of the penalties that can flow on from conviction of the most common and serious dangerous driving charge (that being, dangerous operation of a motor vehicle), what the police need to prove, potential defences and which court will deal with the charge.

What are the penalties for Dangerous Driving ?

The penalties for dangerous driving are wide-ranging, however can be split into three broad categories.

Firstly, the police may serve a person with a “type 1” notice, requiring you to complete a statutory declaration within 14 days unless you have a “reasonable excuse”. For more information on “type 1” notices, click here.

Secondly, your vehicle can be impounded or permanently confiscated by the government. For more information regarding vehicle impoundment, click here.

Thirdly, the unavoidable consequence of losing a driver licence. A person’s driver licence must be disqualified for a minimum of 6 months. This however can increase significantly depending on the facts of the case as well as a person’s criminal and traffic history.

Finally, the risk of being sentenced to serve time in jail. This depends on the particular circumstances of each case. If the case does not involve any aggravating factors, the maximum penalty is 3 years imprisonment.

The maximum penalty increases to 5 years imprisonment if the driver:-

• Is adversely affected by an intoxicating substance;
• Is excessively speeding or taking part in an unlawful race or unlawful speed trial; or
• Has been previously convicted of dangerous operation of a motor vehicle.

The Court must sentence a person to imprisonment if the person has been:

• Previously convicted of dangerous operation of a motor vehicle while adversely affected by an intoxicating substance; or
• Twice previously convicted either in the District or Magistrates Court (or once in the District Court and once in the Magistrates Court) of the same prescribed offence or different prescribed offences.

A prescribed offence can be:-

• Dangerous operation of a motor vehicle;
• Drink driving; or
• Drug driving.

In the most serious of cases, where the driving results in the death of, or grievous bodily harm to another person, the driver could be sentenced to 10 years imprisonment, or 14 years imprisonment if at the time the driver was:-

• Adversely affected by an intoxicating substance;
• Excessively speeding;
• Taking part in an unlawful speed race or speed trial; or
• Should have known the other person had been injured or killed, and the driver left the scene for some reason other than to get help.

What needs to be proved?

The police must prove a person has operated, or in any way interfered with the operation of a vehicle, dangerously, in any place.

Sounds simple, but what does this actually mean?

To operate, or interfere with the operation of a vehicle, dangerously, means to operate (or interfere with the operation of), a vehicle at a speed, or in a way that is dangerous to the public having regard to “all the circumstances”, which can include:-

• The nature, condition and use of the place;
• The nature and condition of the vehicle;
• The number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place;
• The concentration of alcohol in the driver’s blood or breath; and
• The presence of any other substance in the operator’s body.

Quite often, driving at an excessive speed can be enough to prove someone was driving dangerously.

If an accused has caused the death of another, the prosecution must prove that the driving on the part of the accused was a substantial cause of the death.  However, they do not have to prove that the driving was the only substantial cause.

How can the charge be defended?

There are a number of defences that could apply to dangerous driving cases. These include defences of extraordinary emergency, reasonable mistake of fact, or most commonly, whether a driver was deprived of control by a sudden affliction, or by a vehicle defect that had manifested without fault of the driver.

This charge can also be challenged with a range of other arguments, such as whether the driving was actually “dangerous” in all of the circumstances.

What court will deal with the charge?

For dangerous driving which has caused the death of, or grievous bodily harm to another, the matter must proceed to the District Court for finalisation.

In the absence of death or grievous bodily harm, if the driver is accused of driving under the influence, was excessively speeding, or has been previously convicted of dangerous driving, the defendant can choose whether the case is resolved in the Magistrates Court or District Court. In other words, a person can decide to elect a “trial by jury”.  A jury trial in these circumstances can only occur in the District Court, and involves a person fighting the charge.

Dangerous driving without any aggravating factors will be dealt with in the Magistrates Court, regardless of a person’s intention to plead guilty or contest the charge at a trial.

What is the takeaway?

Being charged with dangerous operation of a motor vehicle can have both immediate and long-lasting impacts. Persons charged, or under investigation for this offence require timely advice from the outset to ensure they’re aware of their rights and obligations and how their decisions may impact the defence of the charge.