Dangerous Driving

Charged with a dangerous driving offence?
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What is Dangerous Driving?

According to the law in NSW, there are various different types of ‘dangerous driving’ offences, each with different penalties depending on the degree of seriousness.

Dangerous driving offences include:

  1. Dangerous driving occasioning grievous bodily harm
    1. Plead Not Guilty
    2. Plead Guilty
  2. Aggravated dangerous driving occasioning grievous bodily harm
    1. Plead Not Guilty
    2. Plead Guilty
  3. Dangerous driving occasioning death
    1. Plead Not Guilty
    2. Plead Guilty
  4. Aggravated dangerous driving occasioning death
    1. Plead Not Guilty
    2. Plead Guilty
  5. What are the penalties for dangerous driving?

Should you be charged with one of the above offences, it is important to consult an experienced traffic lawyer in order to discuss your case and prepare as best as you possible can for your court date.

Rezae & Co Lawyers are seasoned advocates who have a significant amount of experience in dealing with dangerous driving offences and assisting their clients in persuading the courts that they were ‘not guilty’ of the offence or in mitigating the offending as much as possible where clients have entered a plea of guilty to avoid serious penalties.

If you wish to discuss your dangerous driving matter, call Rezae & Co Lawyers today on 02 8893 1217 to discuss your best options and how to best prepare for your court date.

What should I do if I have been charged with dangerous driving occasioning grievous bodily harm?

Plead not guilty

If you have been charged with the offence of dangerous driving occasioning grievous bodily harm and you are unsure whether or not you are guilty of the offence, it is important to speak with an experienced traffic lawyer who has dealt with these types of offences to discuss your matter.

Before you decide to enter a plea of guilty, it is important to know what the prosecution and police are required to prove in order to find you guilty of the offence.

Firstly, ‘grievous bodily harm’ is defined as any serious or permanent injury which will cause the victim ongoing problems. This includes permanent and serious disfigurement, broken bones or internal damage.

In the case of dangerous driving occasioning grievous bodily harm, the law in NSW states that you are guilty of the offence if it can be shown that:

  • You were the driver of a vehicle which was involved in a traffic collision which caused another person to suffer grievous bodily harm; and
  • At the time of the traffic collision, you were either under the influence of intoxicating liquor or drugs, at a speed that is dangerous to another person or in a manner that is dangerous to another person.

The above elements must be proven by the prosecution ‘beyond reasonable doubt’. Should the prosecution be unable to, you will be found not guilty of the offence.

It is important to discuss your case with an experienced traffic lawyer if you have been charged with this offence so that you may become aware of any potential defences and arguments that may be available to you in order to prove that you are not guilty of the offence of dangerous driving occasioning grievous bodily harm.

Defences that may be available to you include:

  • The manner in which you were driving was not dangerous.
  • You were not travelling at the speed alleged by the police.
  • You were not intoxicated or under the influence of drugs or alcohol at the time of the offence.
  • The injury suffered by the victim does not amount to grievous bodily harm.
  • You were threatened or coerced into dangerous driving.

Should one of these apply to you, you may be found not guilty of the offence of dangerous driving occasioning grievous bodily harm due to the fact that you do not satisfy all of the elements of the offence.

If there is a defence available to you, then your lawyer may be able to negotiate with the prosecution and have your charges dropped and dismissed before the matter proceeds to court.

Call Rezae & Co Lawyers today on 02 8893 1217 to discuss your case and decide how to proceed with your case to ensure the best possible outcome for you.

Plead guilty

If you have accepted the police’s version of events and you do not wish to fight the charges of dangerous driving occasioning grievous bodily harm that are against you, you may choose to plead guilty early on to try to receive a discount on sentence and to avoid more harsher penalties. In most cases, this shows that you are remorseful for what has occurred and you have accepted full responsibility for your actions.

This normally results in a less harsh punishment than if you were to enter a plea of not guilty, fight the charges and ultimately be found guilty by the courts.

You should also be aware of what the penalties are for dangerous driving occasioning grievous bodily harm, which has a maximum of 7 years’ imprisonment.

If you retain an experienced lawyer who has knowledge of court proceedings and the factors that the court may take into account when determining your outcome, the severeness of the penalty may be reduced.

What should I do if I have been charged with aggravated dangerous driving occasioning grievous bodily harm?

Plead not guilty

If you have been charged with the offence of ‘aggravated’ dangerous driving occasioning grievous bodily harm and you are unsure whether or not you are guilty of the offence, it is important to speak with an experienced traffic lawyer who has dealt with these types of offences to discuss your matter.

Before you decide to enter a plea of guilty, it is important to know what the prosecution and police are required to prove in order to find you guilty of the offence.

Firstly, ‘grievous bodily harm’ is defined as any serious or permanent injury which will cause the victim ongoing problems. This includes permanent and serious disfigurement, broken bones or internal damage.

Secondly, the offence must be ‘aggravated’ for the court to find you guilty of aggravated dangerous driving occasioning grievous bodily harm. This means that there is a factor which makes the offence much more serious.

For an offence to be ‘aggravated’, the prosecution must prove one of the following:

  • You had a blood alcohol level of 0.15 grammes or more of alcohol (high range drink driving); or
  • You were driving at a speed which exceeded the speed limit by more than 45km/h; or
  • Your driving ability was affected by an intoxicating drug or a combination of drugs and alcohol; or
  • You were driving the vehicle while also attempting to escape the police.

In the case of aggravated dangerous driving occasioning grievous bodily harm, the law in NSW states that you are guilty of the offence if it can be shown that:

  • You were the driver of a vehicle which was involved in a traffic collision which caused another person to suffer grievous bodily harm;
  • At the time of the traffic collision, you were either under the influence of intoxicating liquor or drugs, at a speed that is dangerous to another person or in a manner that is dangerous to another person; and
  • There is at least one aggravating circumstance.

The above elements must be proven by the prosecution ‘beyond reasonable doubt’. Should the prosecution be unable to, you will be found not guilty of the offence.

It is important to discuss your case with an experienced traffic lawyer if you have been charged with this offence so that you may become aware of any potential defences and arguments that may be available to you in order to prove that you are not guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm.

Defences that may be available to you include:

  • The manner in which you were driving was not dangerous.
  • You were not travelling at the speed alleged by the police or you were not speeding by more than 45km/h.
  • You were not intoxicated or under the influence of drugs or alcohol at the time of the offence.
  • The injury suffered by the victim does not amount to grievous bodily harm.
  • You were threatened or coerced into dangerous driving.

Should one of these apply to you, you may be found not guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm due to the fact that you do not satisfy all of the elements of the offence.

If there is a defence available to you, then your lawyer may be able to negotiate with the prosecution and have your charges dropped and dismissed before the matter proceeds to court.

Call Rezae & Co Lawyers today on 02 8893 1217 to discuss your case and decide how to proceed with your case to ensure the best possible outcome for you.

Plead guilty

If you have accepted the police’s version of events and you do not wish to fight the charges of aggravated dangerous driving occasioning grievous bodily harm that are against you, you may choose to plead guilty early on to try to receive a discount on sentence and to avoid more harsher penalties. In most cases, this shows that you are remorseful for what has occurred and you have accepted full responsibility for your actions.

This normally results in a less harsh punishment than if you were to enter a plea of not guilty, fight the charges and ultimately be found guilty by the courts.

You should also be aware of what the penalties are for aggravated dangerous driving occasioning grievous bodily harm, which has a maximum of 11 years’ imprisonment.

If you retain an experienced lawyer who has knowledge of court proceedings and the factors that the court may take into account when determining your outcome, the severeness of the penalty may be reduced.

What should I do if I have been charged with dangerous driving occasioning death?

Plead not guilty

If you have been charged with the offence of dangerous driving occasioning death and you are unsure whether or not you are guilty of the offence, it is important to speak with an experienced traffic lawyer who has dealt with these types of offences to discuss your matter.

Before you decide to enter a plea of guilty, it is important to know what the prosecution and police are required to prove in order to find you guilty of the offence.

In the case of dangerous driving occasioning death, the law in NSW states that you are guilty of the offence if it can be shown that:

  • You were the driver of a vehicle which was involved in a traffic collision which caused the death of another person; and
  • At the time of the traffic collision, you were either under the influence of intoxicating liquor or drugs, at a speed that is dangerous to another person or in a manner that is dangerous to another person.

The above elements must be proven by the prosecution ‘beyond reasonable doubt’. Should the prosecution be unable to, you will be found not guilty of the offence.

It is important to discuss your case with an experienced traffic lawyer if you have been charged with this offence so that you may become aware of any potential defences and arguments that may be available to you in order to prove that you are not guilty of the offence of dangerous driving occasioning death.

Defences that may be available to you include:

  • The manner in which you were driving was not dangerous.
  • You were not travelling at the speed alleged by the police.
  • You were not intoxicated or under the influence of drugs or alcohol at the time of the offence.
  • You were threatened or coerced into dangerous driving.

Should one of these apply to you, you may be found not guilty of the offence of dangerous driving occasioning death due to the fact that you do not satisfy all of the elements of the offence.

If there is a defence available to you, then your lawyer may be able to negotiate with the prosecution and have your charges dropped and dismissed or reduced to a lower offence before the matter proceeds to court.

Call Rezae & Co Lawyers today on 02 8893 1217 to discuss your case and decide how to proceed with your case to ensure the best possible outcome for you.

Plead guilty

If you have accepted the police’s version of events and you do not wish to fight the charges of dangerous driving occasioning death that are against you, you may choose to plead guilty early on to try to receive a discount on sentence and to avoid a more severe penalty. In most cases, this shows that you are remorseful for what has occurred and you have accepted full responsibility for your actions.

This normally results in a less severe punishment than if you were to enter a plea of not guilty, fight the charges and ultimately be found guilty by the courts.

You should also be aware of what the penalties are for dangerous driving occasioning death, which has a maximum of 10 years’ imprisonment.

If you retain an experienced lawyer who has knowledge of court proceedings and the factors that the court may take into account when determining your outcome, the severeness of the penalty may be reduced.

What should I do if I have been charged with aggravated dangerous driving occasioning death?

Plead not guilty

If you have been charged with the offence of ‘aggravated’ dangerous driving occasioning death and you are unsure whether or not you are guilty of the offence, it is important to speak with an experienced traffic lawyer who has dealt with these types of offences to discuss your matter.

Before you decide to enter a plea of guilty, it is important to know what the prosecution and police are required to prove in order to find you guilty of the offence.

The offence must also be ‘aggravated’ for the court to find you guilty of aggravated dangerous driving occasioning death. This means that there is a factor which makes the offence much more serious.

For an offence to be ‘aggravated’, the prosecution must prove one of the following:

  • You had a blood alcohol level of 0.15 grammes or more of alcohol (high range drink driving); or
  • You were driving at a speed which exceeded the speed limit by more than 45km/h; or
  • Your driving ability was affected by an intoxicating drug or a combination of drugs and alcohol; or
  • You were driving the vehicle while also attempting to escape the police.

In the case of aggravated dangerous driving occasioning death, the law in NSW states that you are guilty of the offence if it can be shown that:

  • You were the driver of a vehicle which was involved in a traffic collision which caused the death of another person;
  • At the time of the traffic collision, you were either under the influence of intoxicating liquor or drugs, at a speed that is dangerous to another person or in a manner that is dangerous to another person; and
  • There is at least one aggravating circumstance.

The above elements must be proven by the prosecution ‘beyond reasonable doubt’. Should the prosecution be unable to, you will be found not guilty of the offence.

It is important to discuss your case with an experienced traffic lawyer if you have been charged with this offence so that you may become aware of any potential defences and arguments that may be available to you in order to prove that you are not guilty of the offence of aggravated dangerous driving occasioning death.

Defences that may be available to you include:

  • The manner in which you were driving was not dangerous.
  • You were not travelling at the speed alleged by the police or you were not speeding by more than 45km/h.
  • You were not intoxicated or under the influence of drugs or alcohol at the time of the offence.
  • You were threatened or coerced into dangerous driving.

Should one of these apply to you, you may be found not guilty of the offence of aggravated dangerous driving occasioning death due to the fact that you do not satisfy all of the elements of the offence.

If there is a defence available to you, then your lawyer may be able to negotiate with the prosecution and have your charges dropped and dismissed or reduced to a lower charge before the matter proceeds to court.

Call Rezae & Co Lawyers today on 02 8893 1217 to discuss your case and decide how to proceed with your case to ensure the best possible outcome for you.

Plead guilty

If you have accepted the police’s version of events and you do not wish to fight the charges of aggravated dangerous driving occasioning death that are against you, you may choose to plead guilty early on to try to receive a discount on sentence and to avoid more harsher penalties. In most cases, this shows that you are remorseful for what has occurred and you have accepted full responsibility for your actions.

This normally results in a less harsh punishment than if you were to enter a plea of not guilty, fight the charges and ultimately be found guilty by the courts.

You should also be aware of what the penalties are for aggravated dangerous driving occasioning death, which has a maximum of 14 years’ imprisonment.

If you retain an experienced lawyer who has knowledge of court proceedings and the factors that the court may take into account when determining your outcome, the severeness of the penalty may be reduced.

What are the penalties for dangerous driving?

The maximum penalties for the different degrees of dangerous driving in NSW are as follows:

Dangerous driving occasioning grievous bodily harm
Maximum penalty of 7 years imprisonment.

Aggravated dangerous driving occasioning grievous bodily harm
Maximum penalty of 11 years imprisonment.

Dangerous driving occasioning death
Maximum penalty of 10 years imprisonment.

Aggravated dangerous driving occasioning death
Maximum penalty of 14 years imprisonment.

However, these are the ‘maximum penalties’ only for each offence. The degree and severity of your penalty will depend on all the circumstances of your case as well as your subjective circumstances. That is, certain factors such as the level of seriousness of the offence (such as how intoxicated you were or by how much you were speeding), your prior criminal and traffic history and, in particular, the level of ‘moral culpability’ that you had during the offence.

Moral culpability refers to the personal responsibility and the intent of the driver, such as whether there was a deliberate attempt to speed or drive dangerously as opposed to a situation where the incident was caused due to a moment of inattention or small misjudgement on the part of the driver.

A guideline is provided in the case of R v Whyte (2002) 55 NSWLR 252 on cases of dangerous driving with regards to the type of penalties that may apply in these types of cases. In R v Whyte, it was held that the court may take the offender’s criminal and traffic history into account when it shows the moral culpability of the offender. Furthermore, it was also held in R v Whyte that, should the level of moral culpability be high, a term of imprisonment of less than 2 years would not generally be appropriate. However, should a court find that your moral culpability was low, you may be able to receive a lower sentence.

Dangerous Driving Lawyers in Sydney and Parramatta

To increase your chances of receiving a lenient outcome, it is important to speak with an experienced criminal and traffic lawyer who has knowledge of how the court proceedings work as well as the factors that a court may take into consideration when dealing with your case. An experienced criminal and traffic lawyer in NSW can provide you with advice on what steps you should take to ensure your chances of receiving a favourable outcome are increased.

Rezae & Co Lawyers are specialists in dangerous driving cases and have received countless results that our clients have been happy with. Rezae & Co Lawyers can provide you with a free consultation and can be contacted on 02 8893 1217.

Page Author: Saba Rezae - Traffic Lawyer Sydney

Saba Rezae is our Principal Lawyer and founder of Rezae & Co Lawyers who has practised exclusively in criminal and traffic law for several years. His exceptional results and ability to provide legal service at the highest standard saw him head-hunted by the largest specialist criminal law firms in NSW and was quickly promoted to Senior Lawyer before establishing his own practice.

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