Dangerous Driving
A quick text, speeding through amber, or weaving through traffic can quickly lead to a dangerous driving charge. It’s one of the more serious traffic offences because it puts lives at risk—not just your licence.
Under section 52A of the Crimes Act 1900 and section 117 of the Road Transport Act 2013, police only need to show your driving created real danger. Penalties include hefty fines, licence disqualification, and even prison.
Whether you’re facing a dangerous driving allegation or worried after a crash, our team is ready to shield your rights every step of the way.
What Makes Driving ‘Dangerous’?
The law looks at risk, not just results. You may be charged if officers believe your driving created a substantial chance of harm—even if no‑one was hurt. Courts weigh factors such as time of day, traffic volume, weather, road surface, and your conduct in the moments leading up to the police stop or collision. High‑range speeding, tailgating, aggressive overtakes, racing, drunk or drug‑affected driving, phone use, or nodding off at the wheel all raise red flags.
Two main categories exist:
- Speed or Manner Dangerous – no injury required.
- Dangerous Driving Occasioning Harm – where grievous bodily harm or death occurs. Aggravated versions apply if you were intoxicated, excessively speeding, or evading police.
Penalties You Could Face
For a first‑time speed or manner dangerous offence, maximum penalties reach nine months in prison, a $2,200 fine, and a three‑year automatic licence disqualification (reducible to 12 months in court). Repeat the act within five years and prison can extend to 12 months, with heavier fines and a five‑year disqualification.
If someone is seriously hurt, maximum gaol time jumps to seven years, and for fatal crashes it climbs to 10 years—14 years if aggravated. Judges also consider community safety orders like Intensive Correction Orders, Community Correction Orders, or a no‑conviction outcome under section 10 where circumstances justify mercy.
Building a Strong Defence
Every case turns on detail. Common strategies include:
- Risk wasn’t substantial – your driving fell short of legal danger.
- Identification error – you weren’t behind the wheel.
- Necessity or duress – you acted to avoid greater harm, such as steering away from sudden debris or fleeing violence.
- Mechanical fault – an unforeseen brake failure or blown tyre caused the swerve.
- Medical episode – a seizure or blackout robbed you of control.
Early evidence gathering—dash‑cam video, witness accounts, vehicle inspections, and medical records—often makes or breaks these arguments.
Why Time Matters
The prosecution prepares quickly. Dashcams are overwritten, skid marks fade, and witnesses forget. Calling a lawyer straight away preserves critical proof, reduces interview missteps, and may see charges downgraded to careless or negligent driving—saving your record and your licence.
How CIA Lawyers Lighten the Load
At CIA Lawyers we breathe traffic law. From first phone call to final verdict, you deal with seasoned advocates who blend courtroom grit with a human touch. We dissect police briefs, engage accident‑reconstruction experts, and press for leniency where possible.
Many clients avoid conviction altogether; others secure shorter disqualifications or community‑based sentences instead of prison. Put simply, we fight hard so you can keep driving, keep working, and keep life moving.
Ready for Real Help?
A dangerous driving charge can up‑end your future, but one conversation can start fixing it. Contact us today for frank, fast advice and a plan that puts you back in the driver’s seat.
FAQs
Q: Will I lose my licence immediately?
A: Police can suspend it on the spot for serious allegations. If they don’t, the court can still disqualify you later. We can argue for a shorter disqualification or, in rare cases, no disqualification at all.
Q: Can a momentary lapse of attention really lead to prison?
A: Yes, if that lapse created significant danger or caused harm. However, courts weigh intent, speed, traffic, and your prior record. Strong submissions and remorse can keep gaol off the table.
Q: Is dangerous driving always a criminal record?
A: Not necessarily. With skillful advocacy, you may receive a section 10 dismissal or a Conditional Release Order without conviction, preserving your clean slate.
Our Process
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