Dangerous Driving

– section 64 of the Road Safety Act 1986

dangerous driving

 

When someone drives a motor vehicle at a dangerous speed or in a way that is dangerous to the public.

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
What are some of the possible defences to a Dangerous Driving charge?
  • 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 this offence is 120 penalty units or imprisonment for 12 months, or both.

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

 

“Was it actually dangerous?”
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.

The Law

The section that covers this offence is section 64 of the Road Safety Act 1986.1

prison penalty sentencing

What can you be sentenced to for this charge?

Depending on the circumstances of the case you may face a term of imprisonment, however it is more likely that you would receive a fine and the loss of your driving license for some time.

Other Important Resources
Case Studies

 


[1] Road Safety Act 1986 – Section 64

(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 and is liable to a fine of not more than 240 penalty units or to imprisonment for a term of not more than 2 years or both and on finding a person guilty of the offence the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and must, whether or not the offender holds a driver licence or learner 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.
(2A) A person must not drive a vehicle, other than a motor vehicle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(3) If on a prosecution for an offence under this section the court is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence against section 65, the court may convict the accused of an offence against section 65 and punish the accused accordingly.
(4) In this section—
“vehicle” does not include—
(a) a non-motorised wheel-chair; or
(b) a motorised wheel-chair that is not capable of a speed of more than 10km per hour.