Author: Ophelia Hollway
Practice area: Driving Offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Dangerous Driving?
Dangerous Driving is a criminal offence in Victoria under s 64 of the Road Safety Act 1986. It concerns driving a motor vehicle at a dangerous speed or in a way that is dangerous to the public, assessed in the circumstances of the case.
Key points
- The prosecution must prove you drove a motor vehicle and that the speed or manner of driving was dangerous to the public in the circumstances.
- Allegations may involve dangerous speed or dangerous driving behaviour in context (including location and surrounding conditions).
- Usual court level: Magistrates’ Court.
The maximum penalty for Dangerous Driving is 240 penalty units ($50,184 — as at 2026–27) or imprisonment for 2 years, or both.
Common defences may include you were not driving dangerously.
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 Australia
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 64 — 128 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 84.4% |
| Community Correction Order | 7.8% |
| Fine | 4.7% |
| Youth Justice Centre Order | 2.3% |
| Other | 0.8% |
Sentencing in the Magistrates’ Courts of Australia
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 64(1) — 2,487 charges across 2,348 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 39.2% |
| Imprisonment | 28.5% |
| Community Correction Order | 18.3% |
| Adjourned Undertaking | 12.0% |
| Other | 1.8% |
| Discharge/Dismissal | 0.2% |
These figures show a broader range of penalties, with most cases finalised without custody. The court’s approach turns on factors such as the manner of driving, any harm caused, and the offender’s traffic and criminal history.
Examples of Dangerous Driving
- 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
Defences
- 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 240 penalty units ($50,184 — as at 2026–27) or imprisonment for 2 years, or both.
This is the sort of charge regularly heard in the Magistrates’ Court.
Legislation
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?
Wondering why a drink-driving reading was over the limit? Try our blood alcohol concentration calculator to see how different factors impact estimated BAC levels.
Other Important Resources
- Dangerous Driving cases 2006-2012
- FindLaw: Dangerous Driving
- VCC summaries – dangerous driving: Sentencing decisions from 1 January 2016 to 31 August 2016
