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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.
Key Elements of Dangerous Driving in Victorian Law
- 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
- 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.
Frequently asked question
Do you still have questions?
01If someone was injured, can dangerous driving charges include serious criminal penalties?
Yes. If you’re charged under the offence of dangerous driving causing serious injury (or death) the penalties are significant — including up to 10 years imprisonment for causing death, or up to 5 years for serious injury in Victoria.
Even when there is no injury, ordinary dangerous driving can still carry jail time, large fines and long licence disqualifications.
02Can mitigation (work, family, rehab) reduce sentencing for dangerous driving?
Yes. Factors such as your employment, family responsibilities, rehabilitative steps taken (e.g., alcohol or drug treatment), and your prior record all matter. The law and legal practice recognise that such circumstances can be weighed in mitigation when sentencing.
However, mitigation doesn’t guarantee a lesser sentence — the severity of the offence and risk to public safety remain the key drivers of outcome.
03How do police and courts treat high-speed solo crashes (no other vehicle involved)?
Even if only your vehicle is involved, a high-speed solo crash can still lead to dangerous driving charges if the manner of driving is “dangerous to the public”. The objective test of “dangerous manner” looks at speed, risk, control of the vehicle and road conditions.
In practice, courts treat such crashes very seriously because high speed, loss of control or solo collisions often reflect high culpability and greater risk — meaning tougher penalties and longer disqualifications or possible prison.
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