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Being charged with dangerous driving refers to driving a motor vehicle in a manner that poses a risk to public safety.
This includes operating the vehicle at unsafe speeds or in an unsafe manner, considering the surrounding circumstances, such as road conditions, traffic, and the type of road. It is governed by section 64 of the Road Safety Act 1986, and the charge can vary in seriousness depending on the nature of the driving.
A dangerous driving charge can encompass various offences, such as negligent driving, dangerous driving causing serious injury or death, and dangerous driving while being pursued by police.
To secure a conviction for dangerous driving under section 64 of the Road Safety Act, the prosecution must prove several elements:
If the offence involves driving a vehicle other than a motor vehicle, such as a bicycle or trailer, the prosecution must prove similar elements regarding the dangerousness of the driving.
The penalties for dangerous driving can be severe. A person found guilty of driving in a dangerous manner may face:
The court may also impose a longer disqualification period based on the seriousness of the offence. A conviction for dangerous driving can significantly affect your ability to drive for an extended period.
Most dangerous driving charges are initially heard in the Magistrates’ Court.
However, if the charge involves more severe outcomes, such as causing death or serious injury, it may be transferred to the County or Supreme Court for trial.
Several factors influence whether driving is considered dangerous, including:
Road conditions:
Were the roads icy, wet, or obstructed impacting your driving?
Traffic conditions:
Were the roads busy roads or in a high-density area?
Speed of the vehicle and the manner of driving:
Did you impose a potential risk to other road users?
Defences to dangerous driving may include challenging the evidence that the driving was dangerous, showing that the driving was not reckless or negligent, or negotiating a reduction to a lesser charge, such as careless driving.
Courts will evaluate the driving objectively, considering the conditions and any potential risks posed to public safety.
It is vital you have an experienced traffic lawyer to advise you on potential defences relevant to your circumstances. MK Law can tailor a defence to suit your specific circumstances.
If you’ve been charged with dangerous driving, it’s crucial to seek legal advice promptly. Contact MK Law, specialists in traffic offences, to ensure your case is handled by experienced lawyers who understand the complexities of traffic law.
The earlier you get legal advice, the better your chances of exploring potential defences or negotiating a lesser charge. Don’t face these serious charges alone—our team is ready to provide expert legal guidance.
Call us today on 1800 130 120 for a consultation and let us help you navigate the legal process.
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