Negligent driving is an offence under section 117 of the Road Transport Act 2013 (NSW) that occurs when a driver does not drive in the manner that a reasonable and prudent driver would have given all the circumstances. There are three primary charges of negligent driving
Negligent driving is usually dealt with by way of a traffic infringement. The infringement notice will usually be given as the result of a minor crash and will incur 3 demerit points and a maximum penalty of $1,100.
Negligent driving causing GBH is a very serious offence. GBH is an injury that is permanent or seriously disfiguring. The maximum penalty is a $2,200 fine and/or imprisonment for 9 months for the first offence, with a minimum license disqualification period of 12 months.
For second or subsequent offences, the maximum penalty can increase to $3,300 and/or imprisonment for 12 months, as well as a mandatory license disqualification of 12 months.
This offence is very serious as it means that someone has died because of the driver’s negligent driving. The maximum penalty in these cases is $2,200 and/or imprisonment for 18 months. Any subsequent offences will incur a maximum fine of $5,500 and/or imprisonment for 2 years.
The court will take into consideration all circumstances of the offence, such as the nature, condition and use of the road, how many users were on the road or to be expected on that road at the time, and whether there are any obstructions or hazards on the road such as emergency vehicles or a broken down vehicle.
Furious and reckless driving is another offence covered under section 117. A driver must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public. If convicted, the offender faces a maximum penalty of a fine of $2,200 and/or imprisonment for 9 months. Subsequent offences attract a maximum fine of $3,300 and/or 12 months imprisonment.
There are a number of defences that may apply, such as honest and reasonable mistake, necessity or duress. Depending on the facts, our lawyers are experienced at negotiating the charges – the prosecution must prove all elements of the offence beyond reasonable doubt, including that someone suffered grievous bodily harm, or that someone died as a result of negligent driving.
Our team of lawyers are experts at representing clients in negligent driving matters in a wide range of circumstances. Whether you go to a hearing or plead guilty, our lawyers will be with you the whole journey to ensure that you obtain the best possible outcome for your case. We will guide you towards traffic offender programs, documentation explaining why you need your license, character references and any other means to support your case.
If you’ve been charged with negligent driving, give our friendly team a call for a free initial consultation with one of our expert lawyers.
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