Dangerous Driving

Dangerous Driving

When someone drives a motor vehicle at a dangerous speed or in a way that is dangerous to the public.
 
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' CourtsPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1


[1] Sentencing Advisory Council. Abolished Sentencing Orders, accessed January 10, 2021, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.

  • 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?”