NEGLIGENT, FURIOUS, RECKLESS AND DANGEROUS DRIVING
PEAK SEASON FOR DRIVING OFFENCES
HAVE YOU OR YOUR FAMILY MEMBER OR FRIEND BEEN CHARGED?
Whilst the best advice one could receive is to drive safely, inevitably situations will occur and you, or a family member or friend may find yourself or themselves charged with negligent, furious, reckless or dangerous driving. If this is the case, it is important to contact us immediately so that we can respond and provide the best advice to secure the best possible outcome from the outset. With high-profile tragedies occurring in recent years there is little public sympathy for serious driving offences over the Christmas and New Year holidays, so expect the NSW Police and Courts to take a hardline approach.
WHAT DOES THE LEGISLATION SAY?
Section 117 of the Road Transport Act 2013 (NSW) makes it an offence to drive negligently, furiously, recklessly or at a speed or in a manner dangerous to the public. The greatest punishment for a breach of this offence is 2 years imprisonment, which is applicable if the driving occasions death. There are also financial penalties associated with a breach of this section of the Act.
It is important to note that more serious charges and punishments may apply through other offences arising from driving that fall outside the scope of this piece of legislation. In one such case, Samuel Davidson was convicted of manslaughter after he drove drunk and drug affected while travelling 133km/h in a 50km/h zone and killed four children as they walked to get ice-cream in Sydney’s North West. He is currently serving a sentence of 20 years imprisonment, with a minimum of 15 years non-parole.
Regardless of the charge or offence, it is important to contact us immediately to speak to one of our specialist lawyers.
THE DEFENCES AGAINST A CONVICTION
There are a number of defences against a conviction that our expert lawyers are skilled in arguing and which have a basis in Section 117 of the Road Transport Act 2013 (NSW):
- The nature, condition and use of the road on which the offence is alleged to have been committed
- The amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road
- Any obstructions or hazards on the road(including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).
We may also seek to argue the defences of duress, necessity and/or self-defence. These defences apply to criminal offences more broadly and may be relevant in your case, depending on the facts of your alleged offence.
SEEKING TO PLEAD GUILTY?
Should you wish to plead guilty to the charge, our expert lawyers will secure the best outcome, through a reduced sentence or a downgrading to a lesser charge. We may also have the matter dealt with via a Section 10, which means there will be no conviction recorded against your name and you will incur no penalties. However, you may still have conditions imposed on you by the Court, such as a requirement to participate in a Traffic Offenders Program.
OUR PROVEN RESULTS
We have a strong and proven record on securing not guilty verdicts for our clients. Where our clients have pled guilty we have successfully argued for a Section 10 (no conviction recorded).
CONTACT US NOW FOR A FREE CONSULTATION
If you have been charged with a driving offence, call Criminal Lawyers Group anytime on 02 8815 8177 for expert advice from a senior criminal lawyer. We will provide an initial free consultation and work out a plan of attack in your case to give you the best chance of obtaining the best possible outcome.