Offences / Dangerous Driving
Get the best Dangerous Driving Lawyers in Melbourne
get a free case assessment
book an appointment
Offences / Dangerous Driving
Get the best Dangerous Driving Lawyers in Melbourne
get a free case assessment
book an appointment
MELbourne
Dangerous Driving Lawyers
Dangerous driving is a serious offence under Victorian law. It involves operating a motor vehicle in a manner that is deemed to be dangerous to the public.
This offence is primarily covered under the Crimes Act 1958 (Vic) and the Road Safety Act 1986 (Vic), carrying significant penalties.
At Garde Wilson Lawyers, our experienced team is dedicated to providing comprehensive legal representation and advice for those facing dangerous driving charges. If you are facing such charges, it is crucial to understand the legal framework and potential implications.
Key Elements of Dangerous Driving in Victorian Law
To be charged with dangerous driving, certain elements must be proven beyond a reasonable doubt:
- Operation of a Motor Vehicle: The accused must have been driving or in control of a motor vehicle on a public road.
- Dangerous Manner: The manner of driving must be considered dangerous to the public. This can involve excessive speeding, reckless manoeuvres, or driving under the influence of alcohol or drugs.
- Public Road: The offence must occur on a public road or a place to which the public has access.
Relevant Statutes
- Section 319 of the Crimes Act 1958 (Vic): Addresses the offence of dangerous driving causing death or serious injury.
- Section 64 of the Road Safety Act 1986 (Vic): Outlines the general offence of dangerous driving and associated penalties.
Penalties for Dangerous Driving
The penalties for dangerous driving can vary based on the severity of the offence and the accused’s prior record. Penalties may include:
- Imprisonment: Conviction for dangerous driving can result in a term of imprisonment, especially in cases involving serious injury or death.
- Fines: Financial penalties are commonly imposed, with the amount varying based on the specifics of the offence and any aggravating factors.
- Licence Disqualification: Dangerous driving typically leads to a period of licence disqualification. Repeat offenders may face longer disqualification periods or permanent disqualification.
- Additional Charges: Depending on the circumstances, individuals charged with dangerous driving may also face related charges, such as reckless driving, driving under the influence, or causing injury.
Legal Defencesfor Dangerous Driving
Several defences may be available to individuals charged with dangerous driving, including:
- Necessity: Demonstrating that the accused’s actions were necessary to prevent a greater harm, such as avoiding an accident.
- Lack of Intent: Arguing that the accused did not intend to drive dangerously and that their actions were not reckless or negligent.
- Mechanical Defect: Proving that the dangerous driving resulted from a mechanical defect or failure that was not reasonably foreseeable.
Steps to Take if Charged with Dangerous Driving
If you are facing charges related to dangerous driving, it is essential to take the following steps to protect your legal rights and build a strong defence:
- Seek Legal Representation: Contact an experienced criminal lawyer immediately to discuss your case and obtain legal advice. Garde Wilson Lawyers specialise in criminal defence and can provide expert representation throughout the legal process.
- Collect Evidence: Gather any evidence that may support your defence, including communication records, witness statements, and any relevant documentation.
- Maintain Silence: Avoid making any statements to police or other authorities without the presence of your lawyer. Anything you say can be used against you in court.
- Follow Legal Advice: Adhere to the advice and instructions provided by your legal team to ensure the best possible outcome for your case.
You can rely on Garde Wilson Lawyers for expert legal support and dedicated advocacy when facing dangerous driving charges. Our experienced team is committed to achieving the best possible outcome for your case under Victorian law.
Don’t navigate these challenges alone—contact us today to secure the comprehensive legal assistance you deserve.
Download Our FREE guide to how to best prepare for your Court Case
download now
TESTIMONIALS
What Our
Clients
Are Saying?
What Our Client Are Saying?
Get a Free Case Assessment
Avoid Jail. Avoid Serious Fines. Get the Best Defence.
