NEGLIGENT DRIVING

Negligent or dangerous driving means driving without the due care and attention reasonably expected of a driver. The threshold of proving this offence is fairly low.

A driver may be found to be negligent if they did not drive in the manner that a reasonable prudent driver would have driven given all the circumstances.

The three main charges of negligent driving are listed below.

Negligent driving not occasioning death or grievous bodily harm

This offence is usually dealt with by way of a traffic infringement notice. Often, it is the result of a minor crash and the infringement notice will be issued to any or all of the vehicles involved. This infringement notice carries with it three demerit points. If not dealt with by way of an infringement notice, the matter will be dealt with by way of a Court Attendance Notice and the offender will have to front the court for this offence.

Negligent driving occasioning grievous bodily harm

Negligent driving causing grievous bodily harm is a serious offence against section 117(1)(b) of the Road Transport Act 2013.

The maximum penalty for this offence if it is your first offence is imprisonment of 9 months, a fine of $2,200 and an automatic disqualification of licence for 3 years which can be reduced to 12 months.

If it is your second or subsequent offence the maximum penalty is imprisonment of 12 months, a fine of $3,300 and an automatic disqualification of licence for 5 years which can be reduced to 2 years.

Negligent driving occasioning death

Negligent driving occasioning death is an offence against section 117(1)(a) of the Road Transport Act 2013.

For a first offence the maximum penalty is imprisonment for 18 months, a fine of $3,300 and an automatic disqualification of 3 years which can be reduced to 12 months.

For a second or subsequent offence the maximum penalty is imprisonment for 2 years, a fine of $5,500 and an automatic disqualification of 5 years which can be reduced to 2 years.

If you have been charged with a negligent driving offence, call Karnib & Co Lawyers at any time on 0450503696 or email us on [email protected] to arrange a free consultation. For those who are unable to attend our offices, we offer conferences by telephone, Skype, Zoom and FaceTime anywhere around the world.