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Dangerous driving
Dangerous driving
Written by
Kristina Kothrakis
Criminal Defence Lawyer
What the Law states - Dangerous driving
Road Safety Act 1986 - SECT 64
Dangerous driving
64. Dangerous driving
(1) A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.
(2) A person who contravenes subsection (1) is guilty of an offence.
(3) If on a prosecution for an offence under this section the court is not satisfied that the defendant is guilty of that offence but is satisfied that the defendant is guilty of an offence against section 65 (careless driving), the court may convict the defendant of an offence against section 65 and punish the defendant accordingly.
Maximum Penalty in Victoria
2 years / 240 penalty units
If the offender holds a driver licence or permit, the court must cancel that licence or permit and must, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time (not being less than 6 months or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months) as the court thinks fit.
What the Prosecution must prove - Dangerous driving - Vic
1. The accused was driving the vehicle
2. The accused was driving at a speed or in a manner which was dangerous to the public.
STREET NAMES
Driving in a dangerous manner, Reckless driving, driving in a manner dangerous, driving at excessive speed
Possible Defences - Dangerous driving
1. Factual dispute.
2. Identification.
Which court will hear the charge of Dangerous driving
Magistrates Court
