Negligent Driving Offence Defence Services

Driving takes focus and care. A brief lapse—like checking your phone or missing a sign—can lead to a negligent driving charge under section 117 of the Road Transport Act 2013. It might seem minor, but penalties can include fines, licence loss or even jail. If you’re facing this charge, it’s important to act fast.

Whether you’re dealing with negligent driving, we have the legal support you need to keep your licence and protect your future.

What negligent driving actually means

Negligence on the road is simply driving without the care and attention expected of an ordinary prudent motorist. It could be glancing at a text, drifting across a lane, powering through a wet corner, or snoozing at the wheel. When that conduct causes a crash, police decide whether it meets the higher threshold of dangerous driving. If not, negligent driving is charged.

Three grades exist in NSW. The base offence involves no serious injury. The second grade, negligent driving occasioning grievous bodily harm, arises when someone is left with injuries the law calls “really serious”. The third and most severe grade, negligent driving occasioning death, is self‑explanatory and treated by the courts with the gravity you would expect.

Penalties you could face right now

For the least serious form, police often issue an infringement notice carrying a modest fine and three demerit points. If the matter heads to court the bench can impose up to $2,200, order a licence disqualification and, in rare cases, add a short stint behind bars.

Negligent driving causing grievous bodily harm pushes the maximum fine to $3,300, allows prison for up to one year, and triggers mandatory disqualification. Causing death raises the ceiling again: up to $5,500 and two years’ imprisonment for repeat offenders, with a minimum twelve‑month loss of licence even for a first conviction.

How the prosecution must prove its case

Police have to show beyond reasonable doubt that you were driving on a road, that your manner lacked the care of a reasonable driver, and—if charged under the more serious sub‑sections—that this negligence caused the injury or death. Weather, traffic density and road conditions all feature in that assessment.

Defending the allegation

Common strategies include an honest and reasonable mistake of fact—perhaps an obscured speed‑limit sign—along with necessity, such as swerving to avoid a stray kangaroo, or duress, where threats left no realistic alternative.

Sometimes the simplest path is challenging the police reconstruction of the crash itself. Each case turns on its facts.

Your day in court

A guilty plea entered early can shave up to a quarter off the sentence. Depending on circumstances, the court may grant a section 10 dismissal (no conviction, no disqualification), a Conditional Release Order, or a Community Correction Order.

Preparation is everything: character references, evidence of hardship, proof of enrolment in a Traffic Offender Program and a well‑crafted apology can tip the scales.

Why choose CIA Lawyers

Traffic law can be complex and stressful. At CIA Lawyers, we carefully examine every detail of your case, from crash reports to evidence, to find the strongest defence for you. We understand how a negligent driving charge can impact your work, family, and everyday life.

That’s why we act fast and keep you informed in simple terms. You won’t be left guessing. Let us handle the legal challenges while you focus on what matters most.

Contact us today for straight‑talking, results‑driven representation. Phone, email or drop into our office; whichever route you take, an experienced solicitor will respond fast.

FAQs

Q: Does negligent driving always mean I’ll lose my licence?

A: Not necessarily. The magistrate has discretion. With strong submissions a conviction—and therefore the disqualification that follows—can sometimes be avoided.

Q: Can I be jailed for a first offence?

A: Imprisonment is unlikely for the base offence, but the risk rises sharply if someone is seriously hurt or killed. Early legal advice is essential.

Q: Will a section 10 dismissal leave me with a clean record?

A: Yes. A successful section 10 means no conviction is recorded, no fine is levied and no disqualification applies, though the incident may still appear on your traffic history.

Our Process

1. Consultation

Connect with a qualified solicitor to discuss your immigration needs and determine the best strategy for securing your visa under Australian immigration law.

2. Application

Our legal consultants will guide you through the preparation of all required documentation, including any necessary written or oral submissions.

3. Approval

We stand by your side throughout the entire process, advocating on your behalf and supporting you until your visa application is successfully approved.