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You will be charged with this offence if you:

  1. Drove a motor vehicle on a road or road related area
  2. Drove the vehicle dangerously, causing a person to suffer either grievous bodily harm or death

The maximum penalty for the offence of Dangerous driving causing grievous bodily harm is 7 years. The maximum penalty for the offence of Dangerous driving causing death is 10 years imprisonment. Depending on your traffic record, the likely penalties can range from community service to full time imprisonment. Dangerous Driving occasioning grievous bodily harm/death is considered an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.

What if I didn’t intend to drive dangerously?
This is an offence of ‘strict liability’ this means that the prosecution does not need to prove that you intended to drive in a manner dangerous. If the prosecution can prove beyond reasonable doubt that you drove in a manner dangerous, it does not matter that you did not have the specific intent to do so.

What if I took my eye off the road momentarily?

Inattention of the driver being charged is not a defence to this charge. Again, the question the court will ask is was your manner of driving considered dangerous or not.

What happens if someone gets injured, or someone dies?

You could be charged with Dangerous Driving Occasioning Grievous Bodily Harm, or Dangerous Driving Occasioning Death. These are very serious offences, and can very often lead to a penalty of full-time imprisonment.

Which court will hear my case?

Each offence may be dealt with in either the Local Court or in the District Court. It will be for the Prosecution to decide which Court will hear the matter. Generally, if you cause the death of a person as a result of your dangerous driving, your case will often be heard in the District Court.

What is the penalty for dangerous driving?

The automatic period of disqualification is 3 years, with a minimum of 12 months. A possible $3,300 fine applies as well.

If it is your first offence, you will likely receive the minimum period of disqualification, that is 12 months. You would also likely receive a fine, or in a more serious case, a Section 9 good behaviour bond.

A person is guilty of Dangerous Driving occasioning Death if a vehicle driven by the person is involved in an impact occasioning the death of another person and the person was driving that vehicle in a manner dangerous to another person or persons. If convicted in the Local Court the maximum penalty which can be imposed is a gaol term of up to two years. If heard in the District Court a person may be sentenced to a gaol term of up to 10 years.

A person is guilty of Dangerous Driving occasioning Grievous Bodily Harm if a vehicle driven by the person is involved in an impact occasioning the death of another person and the person was driving that vehicle in a manner dangerous to another person or persons. If convicted in the Local Court the maximum penalty is a gaol term of up to two years. If heard in the District Court a person may receive a gaol term of up to seven years.

There may be a defense if there was a mechanical defect of the vehicle. It is for the defense to raise this and then for the prosecution to disprove it.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with driving furiously, recklessly or at a speed or in a manner dangerous which carries a disqualification of 3 years and a charge of street racing which carries disqualification of 12 months .

it was alleged our client was involved in a street racing in a residential area reaching speeds up to 130kph in a 70kph speed zone. After extensive negotiations with the police, our solicitor was able to get the charge of driving furiously, recklessly or at a speed or in a manner dangerous withdrawn on the basis our client plead guilty to street racing and a lesser charge of exceeding the speed limit by 30kph (carries a 3 months disqualification).

The matter proceeded for sentence before Magistrate Bartley at Parramatta and our solicitor argued that our clients remorse, completion of the traffic offenders program and need for licence should warrant some degree of leniency despite the seriousness of the offences. The court agreed and imposed a 11 months disqualification for the street racing and 3 months for the exceed speed limit by 30kph charge, both disqualifications to run concurrently.

This was a great result for the client. The negotiation phase of this case was the most pleasing for our firm and the client, with the potential of a three year disqualification eliminated.

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

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Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
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