Dangerous Driving Lawyers Sydney
We provide exceptional legal guidance to people facing drug driving charges, licence suspensions, and serious criminal penalties.
- Expert Drug Driving Defence
- Licence Suspension & Disqualification
- Avoid a Criminal Record
- Clear Legal Advice & Strategy
Lawyers Available 24/7
1st Legal Strategy Session
FREE
Expert Dangerous Driving Defence To Protect Your Licence & Future
A dangerous driving charge in NSW is a serious criminal offence with severe, life-altering consequences.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist dangerous driving lawyers provide the expert legal defence you need.
We provide specialist legal advice and representation for all dangerous driving matters, including:
- Dangerous Driving Occasioning Death
- Dangerous Driving Occasioning Grievous Bodily Harm
- Aggravated Dangerous Driving Occasioning Death
- Aggravated Dangerous Driving Occasioning Grievous Bodily Harm
- Driving in a Manner Dangerous to the Public
- Penalties for Dangerous Driving
Penalties for Dangerous Driving in NSW
The penalties for a dangerous driving offence in NSW are severe and depend on the specific charge and the circumstances of the case. The most serious offences, which result in injury or death, are prosecuted under the Crimes Act 1900 (NSW) and carry lengthy terms of imprisonment.
Dangerous Driving Causing Death or Grievous Bodily Harm
| Offence | Maximum Penalty |
|---|---|
| Dangerous Driving Occasioning Death | 10 years imprisonment |
| Aggravated Dangerous Driving Occasioning Death | 14 years imprisonment |
| Dangerous Driving Occasioning Grievous Bodily Harm | 7 years imprisonment |
| Aggravated Dangerous Driving Occasioning Grievous Bodily Harm | 11 years imprisonment |
Driving in a Manner Dangerous to the Public
For the separate offence of driving a motor vehicle in a manner dangerous to the public, the following penalties apply under the Road Transport Act 2013 (NSW).
| Offence | Maximum Fine | Maximum Gaol Term | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|---|---|
| First Offence | $2,200 | 9 months | 3 years | 12 months |
| Second or Subsequent Offence | $3,300 | 12 months | 5 years | 2 years |
What is the "Dangerous Driving" Offence in NSW?
A dangerous driving charge is a serious criminal offence in NSW, far more severe than a simple traffic infringement like negligent driving. The prosecution does not need to prove you intended to drive dangerously, only that your manner of driving created a real or potential danger to the public.
Because the legal distinction can be complex, engaging an expert dangerous driving lawyer is crucial to analyse the evidence and build a strong legal defence.
What is "Driving in a Manner Dangerous"?
The offence of driving in a manner dangerous is defined under both the Crimes Act 1900 (NSW) and the Road Transport Act 2013 (NSW). To determine if your driving was dangerous, the court will consider all circumstances, including the nature and condition of the road, the amount of traffic, and any hazards present.
This creates a complex legal test where a moment of inattention could be prosecuted as a serious criminal offence, highlighting the need for expert legal advice.
What are "Circumstances of Aggravation"?
The penalties for a dangerous driving offence increase dramatically if the prosecution can prove there were “circumstances of aggravation”. This elevates the charge, leading to significantly higher maximum terms of imprisonment and longer licence disqualification periods.
Under the Crimes Act 1900 (NSW), these circumstances include:
- Having a Prescribed Concentration of Alcohol (PCA) of 0.15 or more.
- Driving at a speed more than 45 km/h over the posted speed limit.
- Driving to escape pursuit by a police officer.
- Being very substantially impaired by a drug or a combination of drugs.
Dangerous Driving vs. Negligent Driving
While they may sound similar, the legal distinction between dangerous driving and negligent driving is significant and has a profound impact on the penalties you face. A dangerous driving offence is a serious criminal offence under the Crimes Act 1900 (NSW), whereas negligent driving is a less severe traffic offence under the Road Transport Act 2013 (NSW).
The key difference lies in the risk posed by the driver’s actions.
- Dangerous Driving involves driving in a way that creates a real or potential danger to the public. The court assesses the driver’s “moral culpability,” considering factors like speed, intoxication, and the manner of driving.
- Negligent Driving involves a failure to exercise the degree of care and attention that a reasonable and prudent driver would in the same circumstances.
Being convicted of dangerous driving carries far more severe consequences, including imprisonment and a criminal record. An expert dangerous driving lawyer can be crucial in arguing that your actions did not meet the high threshold for a dangerous driving offence and should be treated as the lesser charge of negligent driving.
Pleading 'Not Guilty' To A Dangerous Driving Charge
If you do not agree with the charge, you have the right to plead not guilty and have the matter defended in court. The prosecution must prove every element of the offence beyond a reasonable doubt, and a carefully prepared legal defence can often result in the charge being withdrawn, dismissed, or downgraded to a less serious traffic offence like negligent driving.
Our criminal defence lawyers will meticulously examine all evidence to build a robust defence. This may involve arguing that your driving was not dangerous in the circumstances, that you were acting under duress, or that a mechanical failure caused the incident.
Pleading 'Guilty' To A Dangerous Driving Charge
In some circumstances, pleading guilty at the earliest opportunity is the most strategic path forward, as it demonstrates remorse and entitles you to a discount on your sentence. However, a guilty plea alone does not guarantee a lenient outcome. The key is to present a compelling and thorough plea in mitigation to the court.
Our expert traffic lawyers are highly skilled at preparing persuasive sentencing submissions. We will guide you on gathering crucial documents like character references and advise on completing the Traffic Offenders Intervention Program (TOIP) to help you achieve the best possible outcome.
Potential Defences to a Dangerous Driving Charge
Being charged with dangerous driving does not automatically mean you will be found guilty. The prosecution carries the burden of proving every element of the offence beyond a reasonable doubt. A skilled criminal defence lawyer can build a strong legal defence by challenging the prosecution’s case.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we meticulously analyse all evidence to identify the strongest possible defence for your situation. Potential defences may include:
- Statutory Defence: Arguing that the death or grievous bodily harm was not in any way attributable to your manner of driving, your speed, or any influence of alcohol or drugs.
- Factual Dispute: Arguing that your manner of driving was not, in all the circumstances, dangerous to the public.
- Identification: Proving that you were not the person driving the motor vehicle at the time of the alleged offence.
- Duress or Necessity: Arguing that you drove in that manner due to an imminent threat of harm to yourself or another person, or to avoid a greater evil.
- Mechanical Failure: Presenting evidence that the incident was caused by an unforeseen and sudden mechanical failure of your vehicle, not by your driving.
Downgrading a Dangerous Driving Charge
One of the most effective strategies our traffic lawyers pursue is to have a dangerous driving charge downgraded to a less serious offence, such as negligent driving. This is achieved through careful negotiation with the prosecution, where we present evidence and legal arguments that challenge the strength of their case.
Successfully downgrading the charge is a significant achievement, as it can mean the difference between facing a potential term of imprisonment and receiving a fine. It can also prevent you from receiving a criminal conviction, protecting your reputation and future employment prospects. This outcome relies on the skill and experience of your legal defence team.
How is a Sentence for Dangerous Driving Determined?
If you are found guilty of a dangerous driving offence, the sentence is not predetermined. The court must assess the “objective seriousness” of the offence to decide on an appropriate penalty. This process is guided by the principles set out in the landmark case of R v Whyte (2002).
A critical factor is your level of “moral culpability.” The court will examine whether the offence resulted from a momentary lapse of attention or a sustained period of reckless or aggressive driving. A lower level of moral culpability can lead to a more lenient sentence. Our expert lawyers are highly experienced in presenting persuasive submissions on your behalf, highlighting mitigating factors to reduce your moral culpability and secure the best possible outcome for your legal matter.
Preparing Your Case For Court
A successful court outcome depends on thorough preparation, regardless of your plea. Your presentation and attitude are critical factors that the Magistrate will consider. This includes gathering strong character references, considering rehabilitative programs, and understanding the proper etiquette to show you take the matter seriously.
An expert lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will guide you on exactly what you need to do before your court date. We help you prepare all necessary documents and evidence to maximise your chances of achieving the best possible result for your legal matter.
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
Upfront, Fixed-Fee Representation
1st Legal Strategy Session
FREE
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of winning complex traffic law cases. Our focus is on achieving the best possible outcome in dangerous driving cases, whether that involves having the charge dropped early, securing a ‘not guilty’ verdict, or protecting our clients' driving licences.
EXPERT DANGEROUS DRIVING LAWYERS
Our senior lawyers have over 40 years of combined experience, specialising exclusively in criminal and traffic law. This deep knowledge of dangerous driving laws and courtroom procedure gives your legal defence a significant advantage when facing a serious criminal offence.
Free Strategy Session & 24/7 Help
We offer a free initial Strategy Session to assess your dangerous driving charge and outline your options. Our team is available 24/7 because we know that when you are charged with a dangerous driving offence, immediate legal advice is crucial.
Penalty Reduction Achieved
Client Satisfaction Rate
Our Lawyers
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
FAQs
What is the offence of dangerous driving in NSW?
Dangerous driving occurs when a person drives a motor vehicle in a manner that is dangerous to the public, including excessive speed, reckless behaviour, or driving under the influence of alcohol or drugs.
What are the penalties for dangerous driving?
Penalties vary by offence severity but can include fines, licence disqualification, and imprisonment up to 14 years for aggravated cases involving death or grievous bodily harm.
What is the difference between dangerous driving and negligent driving?
Dangerous driving involves a serious risk or danger to the public, while negligent driving is a failure to exercise reasonable care, generally attracting lesser penalties.
What does “dangerous driving occasioning death” mean?
It means causing a fatal accident by driving dangerously, such as under the influence or at dangerous speeds, resulting in another person’s death.
What are “circumstances of aggravation” in dangerous driving offences?
These include having a high blood alcohol level (0.15+), speeding over 45 km/h above the limit, escaping police pursuit, or being impaired by drugs.
Can I plead not guilty to a dangerous driving charge?
Yes, you have the right to plead not guilty, and the prosecution must prove the charge beyond reasonable doubt.
What defences are available for dangerous driving charges?
Defences may include arguing the driving was not dangerous, you were not the driver, mechanical failure, duress, or medical impairment.
What happens if I plead guilty early?
An early guilty plea can demonstrate remorse and may result in a reduced sentence or discount on penalties.
What is the maximum imprisonment for aggravated dangerous driving occasioning death?
The maximum penalty is 14 years imprisonment under the Crimes Act 1900 (NSW).
Can dangerous driving charges be downgraded?
Sometimes charges can be reduced to negligent driving or other lesser offences depending on the evidence and circumstances.
What is dangerous driving occasioning grievous bodily harm?
It involves causing serious injury to another person through dangerous driving, punishable by up to 7 years imprisonment.
What penalties apply for aggravated dangerous driving occasioning grievous bodily harm?
This offence carries a maximum penalty of 11 years imprisonment.
Will a dangerous driving conviction affect my licence?
Yes, licence disqualification is automatic, with minimum and maximum periods depending on the offence and prior history.
Can I participate in programs to reduce my sentence?
Courts may consider completion of the Traffic Offender Intervention Program (TOIP) or similar programs as mitigating factors.
What should I do immediately after being charged with dangerous driving?
Seek expert legal advice promptly to understand your options and begin building a strong defence.
How do courts determine if driving was dangerous?
Courts consider road conditions, traffic, hazards, speed, manner of driving, and risk posed to the public.
Is driving to escape police pursuit considered aggravated dangerous driving?
Yes, fleeing police is an aggravating circumstance that increases penalties.
Can I appeal a dangerous driving conviction?
Yes, appeals are possible but require legal advice to assess the prospects and grounds for appeal.
What is the role of a dangerous driving lawyer?
A lawyer provides legal advice, prepares defences, negotiates with prosecutors, and represents you in court to achieve the best possible outcome.
How can Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help with my dangerous driving charge?
We offer personalised, expert defence, 24/7 availability, and strategic advice to protect your licence, reputation, and future.
Latest Articles & Guides
Copyright © 2025 Sydney Criminal Defence & Traffic Lawyers. All rights reserved.