Dangerous Driving Lawyers Sydney

Defending Dangerous Driving Charges in NSW

Dangerous driving is not a standard traffic infringement; it is a serious criminal offence. The courts view this offence as a significant threat to public safety, and prosecutors pursue these charges strategically. If the driving results in grievous bodily harm or death, the matter is strictly indictable and will be heard in the District Court, where custodial sentences are the norm.

A conviction can result in a criminal record and may affect employment, travel, professional licensing, visa applications and other aspects of your life. It also carries mandatory licence disqualification periods.

At NS Criminal Lawyers and Associates, our Sydney dangerous driving lawyers provide carefully prepared, strategic defence representation. We meticulously analyze crash investigation reports, witness statements, and forensic evidence to build a robust defence.

Furious, Reckless, or Dangerous Driving

Under the Road Transport Act 2013 (NSW), it is an offence to drive a motor vehicle furiously, recklessly, or at a speed or in a manner dangerous to the public. This charge applies even if no collision or injury occurred.

Dangerous Driving Occasioning GBH or Death

If dangerous driving results in serious injury or death, the charge is elevated to a strictly indictable offence under Section 52A of the Crimes Act 1900 (NSW).

What Constitutes Dangerous Driving?

The court assesses dangerous driving objectively. They ask: "Would a reasonable person observing the driving consider it to be a real danger to the public?" The court considers the speed, the condition of the road, the amount of traffic, and whether the driver was intoxicated or distracted.

Aggravating Factors

A charge becomes "aggravated" if the driver was:

• Highly intoxicated (PCA over 0.150);
• Driving more than 45km/h over the speed limit; or
• Attempting to escape a police pursuit.

What the Prosecution Must Prove

To secure a conviction for dangerous driving occasioning GBH or death, the prosecution must prove beyond a reasonable doubt that:

• You were the driver of the vehicle;
• You were driving under the influence of alcohol/drugs, OR driving at a dangerous speed, OR driving in a dangerous manner; and
• That driving was the substantial cause of the grievous bodily harm or death.

Defences to Dangerous Driving

Our experienced lawyers will thoroughly analyze the brief of evidence to identify weaknesses in the prosecution's case. Common defences include:

How We Can Help

At NS Criminal Lawyers and Associates, we provide thorough, strategic representation for all dangerous driving matters. We work with leading crash investigators and forensic experts to challenge police reconstructions. We will carefully prepare your case and provide formidable advocacy in the District Court to protect your liberty.