Dangerous Driving

Dangerous Driving

In Victoria, Dangerous Driving is found in section 64 of the Road Safety Act 1986. It is a criminal offence that is committed by a person who was found to have driven a motor vehicle at a dangerous speed or in a way that was dangerous to the public.

Have you been accused of Dangerous Driving? You will have important questions about your case which you will want to discuss. We always have lawyers available to speak with people about criminal allegations.

Police Interview
If the Police want to interview in relation to a charge of Dangerous Driving, you should make sure you speak with a lawyer to understand your rights. A Police interview is an opportunity for the Police to gather more evidence against you, and it is important that you get legal advice as quickly as possible.

In some cases, the Police may question you roadside and you may not attend for a formal interview. Even if this is the case, you should call our firm before speaking with them, if possible.

Pleading Not Guilty
We have many lawyers who are experienced at fighting charges of Dangerous Driving. We carefully examine the evidence gathered by Police and explore potential weaknesses in the case. There may be evidence missing that helps support your defence. For example:

  • GPS data
  • Dash cam footage
  • CCTV footage
  • Eye witness evidence
If you want to fight this charge, you should to speak to one of our lawyers as early as possible, so this work can begin.

Pleading Guilty
We know the importance of thoroughly preparing for a plea hearing to achieve the best result. If you decide to plead guilty to the charge of Dangerous Driving, we can refer you to relevant courses and counselling (if relevant), and gather material to present to the Court on your behalf. There is usually an explanation as to why something occurred, and we can work with you to present your story to the Court.

We will also advise you of the penalties so you completely understand what you are facing before deciding to plead guilty.

Sentencing
Sentencing in the higher courts of AustraliaSentencing Statistics Pie Chart for Dangerous Driving in the Higher CourtsSentencing in the Magistrates’ Courts of AustraliaSentencing Statistics Pie Chart for Dangerous Driving in the Magistrates' Courts
  • Some friends are doing burn outs in a car park
  • A man is driving on the wrong side of the road through a busy intersection
  • A woman is late to work and is speeding through a residential zone at 120km/hr
  • A man is speeding past a primary school at 90km/hr

  • You were not driving dangerously
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:
  • Were you actually speeding?
  • Have the police misunderstood what actually happened?
  • How do the police prove they knew what speed you were driving at?

Maximum penalty and court that deals with this charge

The maximum penalty for the offence of Dangerous Driving (s64 of the Road Safety Act 1986) is 120 penalty units or imprisonment for 12 months, or both.

This is the sort of charge regularly heard in the Magistrates’ Court.

The section that covers this offence is section 64 of the Road Safety Act 1986.

What is the legal definition of Dangerous Driving?
Driving a motor vehicle at a speed or in a manner which, in the circumstances of the case, is dangerous to the public.

“Was it actually dangerous?”