Negligent driving is one of the most common traffic offences in New South Wales, often arising from minor collisions or momentary distractions. However, if the negligence results in grievous bodily harm or death, the charge escalates into a serious criminal matter carrying potential imprisonment.
A conviction can result in a criminal record and may affect employment, travel, professional licensing, visa applications and other aspects of your life. Even for minor incidents, a conviction can result in heavy fines and demerit points.
At NS Criminal Lawyers and Associates, our Sydney negligent driving lawyers provide carefully prepared, strategic defence representation. We meticulously review the circumstances of the incident, challenge police assumptions, and present compelling mitigation to protect your licence and secure the best possible outcome.
Negligent driving offences are governed by Section 117 of the Road Transport Act 2013 (NSW).
The court asks: "Did the driver exercise the degree of care and attention that a reasonable and prudent driver would have exercised in the circumstances?" If the answer is no, the driving is negligent. It does not require intent to cause harm; a momentary lapse of attention is sufficient.
The law categorizes the offence based on the outcome of the driving:
| Offence | Maximum Penalty (First Offence) |
|---|---|
| Negligent driving (no death or GBH) | Fine of $1,100 and 3 demerit points |
| Negligent driving occasioning GBH | 9 months imprisonment, $2,200 fine, 3-year auto disqualification |
| Negligent driving occasioning death | 18 months imprisonment, $3,300 fine, 3-year auto disqualification |
If you have a previous major traffic conviction within the last 5 years, the maximum penalties increase significantly. For example, a second offence of negligent driving occasioning death carries a maximum of 2 years imprisonment and a 5-year automatic disqualification.
To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
Our experienced lawyers will thoroughly analyze the brief of evidence to identify weaknesses in the prosecution's case. Common defences include:
At NS Criminal Lawyers and Associates, we provide thorough, strategic representation for all negligent driving matters. We will carefully review the police facts, advise you on your prospects, and provide formidable advocacy in the Local Court to protect your licence and your record. If you plead guilty, we will present strong mitigation to seek a Section 10 dismissal or minimize the penalties.
Common questions regarding negligent driving charges in NSW.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: June 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
