Negligent or Dangerous Driving

What is Negligent
or Dangerous Driving?

In New South Wales, dangerous or negligent driving refers to driving behaviour that poses a risk to the safety of others, and is a criminal offence under the Crimes Act 1900 (NSW) and the Road Transport Act 2013 (NSW).

  • Dangerous driving occurs when a person drives a vehicle in a manner or at a speed that is dangerous to the public, having regard to the circumstances (such as traffic conditions, road layout, weather, or visibility). It becomes more serious when it results in death or grievous bodily harm (e.g. Dangerous Driving Occasioning Death – Section 52A).

  • Negligent driving means driving without the level of care and attention expected of a reasonable driver. It can also lead to serious consequences if it causes injury or death, even if the driver did not intend harm.

Common Examples Include:

  • Excessive speeding

  • Texting or using a phone while driving

  • Ignoring traffic signals or stop signs

  • Failing to give way or keep left

  • Driving under the influence of alcohol or drugs

Both dangerous and negligent driving offences are taken seriously by the courts, particularly when they result in harm, and they carry significant penalties including licence disqualification, fines, and imprisonment.

The Penalties of Negligent
or Dangerous Driving

The penalties for negligent or dangerous driving depend on the severity of the offence and whether injury or death was caused. The more serious the consequences, the harsher the penalty. They may include:

Penalties for Dangerous Driving (Crimes Act 1900, s 52A)

Dangerous Driving Occasioning Death

  • Maximum penalty: 10 years imprisonment

  • Aggravated circumstances (e.g. speeding, intoxication): up to 14 years

  • Automatic licence disqualification: 3 years (or 5 years for aggravated)

Dangerous Driving Occasioning Grievous Bodily Harm (GBH)

  • Maximum penalty: 7 years imprisonment

  • Aggravated: up to 11 years

  • Automatic disqualification: 2 years (or 4 years for aggravated)

Penalties for Negligent Driving (Road Transport Act 2013)

Negligent Driving (No Injury)

  • Fine: Up to $1,100

  • Demerit points: 3

  • No automatic disqualification, but licence may still be suspended by Transport for NSW.

Negligent Driving Occasioning GBH

  • Maximum penalty: $2,200 fine or 9 months imprisonment, or both

  • Disqualification: Up to 12 months

Negligent Driving Occasioning Death

  • Maximum penalty: $3,300 fine or 18 months imprisonment, or both

  • Disqualification: Up to 2 years

In addition to court-imposed penalties, a conviction for negligent or dangerous driving in NSW can lead to several long-term consequences. These may include a criminal record, which can impact travel and future opportunities, as well as increased car insurance premiums. For those who rely on driving for work—such as truck drivers, delivery workers, or tradespeople—a conviction may also result in loss of employment or difficulty securing future roles that require a valid licence.

The Possible
Defence Strategies

Defending a negligent or dangerous driving charge requires careful analysis of the facts, the law, and the strength of the prosecution’s case. Some possible defence strategies include:

Disputing the Standard of Driving

  • Arguing that your manner of driving did not fall below the expected standard of a reasonable driver.

  • In dangerous driving charges, this may involve demonstrating that the behaviour was not objectively dangerous given the circumstances.

Honest and Reasonable Mistake

Showing that any error in judgement or breach of road rules was made honestly and reasonably, such as misinterpreting a road sign or relying on faulty navigation.

Causation Challenge

In charges resulting in injury or death, you may argue that your driving was not the cause of the accident (e.g. the harm resulted from another driver’s actions, or an unavoidable hazard).

Medical Defence

Presenting evidence of a sudden and unforeseeable medical episode, such as a seizure or heart attack, that impaired your ability to drive and led to the incident.

Lack of Intent or Recklessness

In dangerous driving cases, the prosecution must prove more than just carelessness—they must show that your driving posed a real danger to the public. If your actions were momentary or due to inattention without risk, it may fall short of the legal threshold.

Police or Procedural Errors

Challenging the reliability of evidence, such as dashcam footage, witness testimony, or police procedures, including how the incident was investigated or reported.

Working with Sydney Defenders offers a clear advantage when facing traffic offences, especially those with serious consequences such as licence disqualification or potential imprisonment. Our firm is supported by a robust network of respected criminal barristers, known for delivering effective and timely legal advice tailored to the specifics of each case. When your livelihood is on the line, every detail matters—our experienced team ensures your case is carefully and strategically navigated from the outset. We take a careful and strategic approach to preparing your defence, examining every aspect of the prosecution’s case and ensuring that your rights are protected at every step.