Negligent Driving Lawyers Sydney
We provide expert legal defence for people charged with negligent driving, a serious traffic offence that carries significant penalties and licence disqualification.
- Expert Negligent Driving Defence
- Fight Licence Disqualification
- Avoid a Criminal Record
- Clear Legal Advice & Strategy
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Expert Defence for Your Negligent Driving Charge
Facing a negligent driving charge in NSW can be incredibly stressful, with the risk of losing your licence, copping heavy fines, and even gaining a criminal record. The right legal advice is critical to protecting your future.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers strategically build a robust defence strategy, aiming for the best possible outcome, whether that’s getting the charge withdrawn or avoiding a conviction.
We provide specialist legal advice and representation for all matters related to this driving offence, including:
- Negligent Driving Occasioning Grievous Bodily Harm
- Negligent Driving Occasioning Death
- Avoiding a Conviction for Negligent Driving
- Potential Defences to the Charge
- Avoiding a Licence Suspension & Disqualification
- Avoiding a Criminal Record for a Driving Offence
What is a Negligent Driving Offence in NSW?
In NSW, the offence of negligent driving occurs when a person drives a motor vehicle without the level of care and attention that a reasonable and prudent driver would exercise in the same circumstances. It is one of the most common traffic offences and often arises from a momentary lapse of concentration or a failure to abide by road rules, which results in a car accident.
A negligent driving charge can range significantly in seriousness. The law in NSW outlines three distinct levels for this driving offence, each carrying very different penalties:
- Negligent Driving (where no serious injury or death is caused).
- Negligent Driving Occasioning Grievous Bodily Harm (GBH).
- Negligent Driving Occasioning Death.
While a basic offence might be dealt with by a fine and demerit points, a charge of negligent driving occasioning grievous bodily harm or death is a serious criminal matter.
A conviction can lead to severe penalties, including a criminal record, significant fines, a lengthy licence disqualification, and even a term of imprisonment. Seeking expert legal advice from a traffic lawyer is crucial to navigate the complexities of your case and secure the best possible
Penalties for Negligent Driving in NSW
Understanding the potential penalties for a negligent driving offence in NSW is critical. The consequences for this driving offence vary significantly depending on the outcome of the incident and your driving history. A conviction for a serious negligent driving charge can result in a criminal record, heavy fines, demerit points, licence disqualification, and even imprisonment. Our expert traffic lawyers in Sydney are dedicated to navigating the court process to minimise these penalties and protect your driving licence.
Negligent Driving Not Causing Injury or Death
For a basic negligent driving offence where no one is seriously injured, the maximum penalty is a fine of $1,100 and 3 demerit points. While there is no automatic licence disqualification, the court has the discretion to impose one.
Penalties for Negligent Driving Occasioning Grievous Bodily Harm
When a negligent driving charge involves causing grievous bodily harm (GBH), it becomes a far more serious offence with severe maximum penalties.
| Offence | Maximum Fine | Maximum Imprisonment | 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 |
Penalties for Negligent Driving Occasioning Death
This is the most serious driving charge under this category, carrying the highest maximum penalties under traffic law.
| Offence | Maximum Fine | Maximum Imprisonment | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|---|---|
| First Offence | $3,300 | 18 months | 3 years | 12 months |
| Second or Subsequent Offence | $5,500 | 2 years | 5 years | 2 years |
It Is Possible To Avoid A Conviction, Fine & Licence Disqualification
What the Police Must Prove for a Negligent Driving Offence
For you to be found guilty of a negligent driving offence, the prosecution must prove several elements beyond a reasonable doubt. Simply being involved in a car accident is not enough to establish negligence. The prosecution has the burden of proving that you were not only the driver of the vehicle but that your driving fell below the standard of care expected of a reasonably prudent driver in the circumstances.
Specifically, the police must establish:
- You were the driver:Â They must prove you were the one operating the motor vehicle at the time of the incident.
- You drove negligently:Â This means your driving departed from the standard of care and attention that an ordinary, prudent driver would have exercised. The court will consider the specific road conditions, traffic, weather, and any hazards that were present. A momentary lapse in concentration or failure to observe road rules can be sufficient.
- Causation (for more serious charges):Â If you are charged with negligent driving occasioning grievous bodily harm (GBH) or death, the prosecution must also prove that your negligent driving was the direct cause of the resulting injury or death.
Our expert traffic lawyers will meticulously analyse the prosecution’s evidence to identify any weaknesses. If the police cannot prove each of these elements, you cannot be found guilty of the driving offence.
Pleading ‘Not Guilty’ to a Negligent Driving Charge
If you believe you are not at fault, you have the right to plead not guilty. A successful defence can result in the charges being dismissed, saving your licence and preventing a criminal record. Pleading not guilty means the prosecution must prove every element of the offence against you in court.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we can provide expert legal advice on your prospects of success and build a strong defence strategy for your case.
Potential Defences to Negligent Driving
Several defences may be available for a negligent driving charge, including:
- You were not driving negligently:Â We can argue that your actions were consistent with what a reasonable and prudent driver would have done in the same circumstances. Factors like sudden weather changes, poor road conditions, or the actions of another driver could be relevant.
- Mistaken Identity:Â You were not the person driving the vehicle at the time of the alleged offence.
- Causation:Â For charges involving injury or death, we can challenge whether your driving was the actual cause of the harm. An intervening event or the actions of another party may have broken the chain of causation.
- Duress or Necessity:Â You may have a defence if you were forced to drive negligently due to a threat of serious harm (duress) or to avoid an even greater danger (necessity).
Our experienced traffic lawyers can identify the best defence for your specific situation and gather the evidence needed to support it in court.
Pleading ‘Guilty’ to a Negligent Driving Charge
If you accept responsibility for the driving offence, pleading guilty at the earliest opportunity can significantly improve your outcome. The court recognises an early plea as a sign of remorse, which can lead to a more lenient penalty and a discount of up to 25% on your sentence.
Even with a guilty plea, the right legal representation is crucial to achieving the best possible outcome. The goal is to present your case in the most compelling way to persuade the court to grant leniency, helping you avoid the maximum penalties, a lengthy licence disqualification, or even a criminal conviction.
How We Prepare Your Case for a Guilty Plea
Our traffic lawyers are experts in preparing persuasive and thorough sentencing submissions. We guide you through the process to ensure the court sees you in the best possible light. This includes:
- Negotiating the Facts:Â We can often negotiate with the prosecution to amend the police ‘facts sheet’ to present a more accurate and favourable account of what occurred.
- Character References:Â We will help you gather powerful character references from family, friends, and employers to demonstrate your good character to the court.
- Letter of Apology:Â A well-written letter of apology can show the court your remorse and insight into your actions.
- Traffic Offenders Program:Â Completing an approved Traffic Offenders Program is highly regarded by the courts and can significantly improve your sentence outcome.
By taking these steps, we can maximise your chances of receiving a Section 10 dismissal or a Conditional Release Order, meaning you avoid a criminal conviction and keep your licence.
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- 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.
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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.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of successfully defending clients charged with negligent driving. We focus on having the driving charge dropped, securing ‘not guilty’ verdicts, and saving our clients from licence disqualification and a criminal record.
EXPERT FURIOUS DRIVING LAWYERS
This traffic offence requires a specialist traffic lawyer. Our senior lawyers have over 40 years of combined experience in traffic and criminal law, providing a critical advantage in navigating the complexities of the Road Transport Act 2013 (NSW).
Free Strategy Session & 24/7 Help
A negligent driving charge can have serious consequences for your licence and future. We offer a free initial Strategy Session to assess your case and outline your defence options. Our team is available 24/7 because immediate legal advice is crucial.
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FAQs
What is negligent driving in NSW?
Negligent driving is a traffic offence that occurs when you drive a motor vehicle without the care and attention that a reasonable and prudent driver would exercise in the same circumstances. It often arises from a momentary lapse in attention that causes an accident.
What is the difference between negligent and dangerous driving?
Negligent driving involves a failure to exercise reasonable care, often due to inattention. Dangerous driving is a more serious offence, involving driving in a manner that creates a significant and obvious risk to the public, often with aggravating factors like excessive speed or being under the influence.
What are the main types of negligent driving offences?
There are three levels of negligent driving charges in NSW, based on the consequences of the driving:
- Negligent driving (where no serious injury or death occurs).
- Negligent driving occasioning grievous bodily harm (GBH).
- Negligent driving occasioning death.
What are the penalties for a basic negligent driving charge?
For a negligent driving offence that does not cause death or grievous bodily harm, the maximum penalty is a fine of $1,100 and the allocation of 3 demerit points. The court also has the discretion to disqualify your licence.
Can i go to jail for negligent driving?
Yes. If the negligent driving offence results in grievous bodily harm or death, the maximum penalties include terms of imprisonment. For a first offence occasioning GBH, the maximum is 9 months, and for occasioning death, it is 18 months.
What does the prosecution have to prove for a negligent driving charge?
The prosecution must prove two things beyond a reasonable doubt: that you were driving the vehicle, and that your driving fell below the standard of care expected of an ordinary, prudent driver in those specific circumstances.
What is 'grievous bodily harm' (GBH)?
Grievous bodily harm (GBH) is defined as a ‘really serious’ injury. This includes permanent or serious disfigurement, such as broken bones, damage to internal organs, or the destruction of a foetus.
Will i automatically lose my licence if convicted of negligent driving?
For a basic negligent driving charge, licence disqualification is not automatic but is at the court’s discretion. For negligent driving occasioning grievous bodily harm or death, a licence disqualification is mandatory upon conviction.
What are some common defences to a negligent driving charge?
Potential defences include arguing that you were driving with reasonable care for the conditions, that your actions did not cause the outcome, or that you were acting under duress (coercion) or necessity (to avoid a greater harm).
Can i avoid a criminal conviction for negligent driving?
Yes, it is possible. An expert traffic lawyer can argue for a non-conviction order like a Section 10 dismissal or a Conditional Release Order. This means you are found guilty, but no criminal conviction is recorded, saving your licence and record.
What happens if i plead guilty to negligent driving?
Pleading guilty at the earliest opportunity can show remorse and may result in a sentence discount of up to 25%. Your lawyer can still present persuasive submissions to the court to argue for the most lenient outcome possible.
Do i need a traffic lawyer for a negligent driving charge?
Given the serious potential consequences, including licence disqualification, fines, and even imprisonment for more serious offences, engaging an expert traffic lawyer is crucial to protect your rights and achieve the best possible result.
How can a lawyer help with my negligent driving case?
An experienced lawyer can analyse the evidence, identify defences, negotiate with the police to have the charge withdrawn or downgraded, and prepare a powerful case for leniency in court to help you avoid a conviction or minimise penalties.
What is a 'second or subsequent' major traffic offence?
This refers to being convicted of another major traffic offence (like drink driving or dangerous driving) within the previous five years. If your current negligent driving charge is a second or subsequent offence, the maximum penalties are significantly higher.
What is the main law governing negligent driving in NSW?
The offence of negligent driving is primarily governed by section 117 of the Road Transport Act 2013 (NSW).
What are the penalties for negligent driving occasioning death?
For a first offence, the maximum penalty is a fine of $3,300 and/or 18 months imprisonment. There is also a mandatory licence disqualification period, which starts at an automatic 3 years but can be reduced by the court to a minimum of 12 months.
I was in a minor car accident, can i be charged with negligent driving?
Yes. A very common scenario for a negligent driving charge is where police attend a collision and form the view that one of the drivers was at fault due to a failure to exercise sufficient care.
Will i receive demerit points for negligent driving?
Yes, a conviction for the basic offence of negligent driving (not occasioning GBH or death) results in 3 demerit points being recorded on your licence.
What is the difference between a traffic infringement notice and a court attendance notice for this offence?
A minor negligent driving offence may be dealt with via a traffic infringement notice (a fine). However, police can issue a Court Attendance Notice, which requires you to go to court, where you face a higher maximum fine and the risk of licence disqualification.
Can i appeal a conviction or sentence for negligent driving?
Yes. If you receive an unfavourable outcome in the Local Court, you have the right to appeal the decision to the District Court. An experienced traffic lawyer can provide expert advice on your prospects of success and represent you in the appeal.
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