The Main Offences Include
- Negligent Driving – driving without the standard of care expected of a reasonable driver.
- Negligent Driving Occasioning Grievous Bodily Harm – where negligent driving causes serious injury to another person.
- Negligent Driving Occasioning Death – negligent driving that results in loss of life.
- Dangerous Driving Occasioning Grievous Bodily Harm – driving the vehicle under the influence of alcohol or drugs, at a speed dangerous to the public, or in a manner dangerous to the public, and causing serious injury.
- Dangerous Driving Occasioning Death – driving the vehicle under the influence of alcohol or drugs, at a speed dangerous to the public, or in a manner dangerous to the public, and causing death.
- Reckless Driving – knowingly or carelessly driving in a way which seriously endangers the public, or creates an obvious and serious risk of causing physical injury or substantial property damage.
- Furious Driving – knowingly or careless driving at a speed which seriously endangers the public, or creates an obvious and serious risk of causing physical injury.
- Menacing Driving – driving in a way that intimidates or threatens another road user.
- Predatory Driving – driving in pursuit of another vehicle, with intention to cause a collision or impact with the other vehicle.
Penalties
Penalties for negligent and dangerous driving vary across states, but they are always serious. For heavy vehicle drivers, the consequences are often harsher due to the risks involved with operating large trucks and commercial vehicles.
- Negligent Driving – Demerit points, fines and license disqualification.
- Negligent Driving Occasioning Grievous Bodily Harm or Death – higher fines (up to $3,300), extended licence disqualification (minimum 12 months), up to 18 months imprisonment.
- Dangerous Driving Occasioning Grievous Bodily Harm – minimum disqualification period of 3 years, up to 7 years imprisonment or 11 years in circumstances of aggravation.
- Dangerous Driving Occasioning Death – one of the most serious traffic offences, minimum disqualification period of 3 years, up to 10 years imprisonment or 14 years in circumstances of aggravation.
- Reckless, Furious, Menacing, and Predatory Driving – all treated as criminal offences. Penalties include fines, loss of licence, conviction and imprisonment.
Even a first offence can result in losing your licence. For repeat or aggravated offences, prison is a real possibility.
Results
We regularly achieve results such as:
- Charges downgraded
- Penalties reduced
- Cases dismissed
- No conviction recorded
- Licenses saved
Why These Offences Matter
For truck and heavy vehicle drivers, being charged with negligent or dangerous driving can mean:
- Immediate loss of licence
- Criminal record
- Insurance complications
- Civil liability
Our Defence Approach
At Highway Advocates, we have defended drivers facing every level of negligent and dangerous driving offence. Our approach includes:
- Careful case analysis – examining police reports, witness statements, crash reconstruction, and vehicle data.
- Challenging prosecution evidence – including whether your driving was actually negligent or dangerous under the law.
- Presenting mitigating circumstances – such as road conditions, vehicle issues, or medical episodes.
- Negotiating lesser charges – e.g. reducing a dangerous driving occasioning grievous bodily harm charge down to negligent driving.
- Court representation – ensuring your side of the story is properly heard.
Have You Been Charged with a Negligent or Dangerous Driving Offence?
Negligent driving is when a driver fails to exercise the care and attention expected of a reasonable driver. It doesn’t require intent, only a lapse in proper care.
Dangerous driving requires the court to find that the driving was not just careless, but actually dangerous in all the circumstances. Negligent driving is a lower standard, but can still carry severe penalties if injury or death occurs.
Reckless driving is where the driver knows there is a substantial risk of harm but drives dangerously anyway. It often attracts heavier penalties than negligent driving.
Menacing driving involves intimidating or threatening other road users through your driving. Predatory driving is more serious and involves deliberately pursuing or targeting another driver with the intent to cause harm. Both are treated as criminal offences.
Yes. Defences may include disputing the facts of the accident, challenging the standard of driving alleged, showing medical or mechanical issues or demonstrating that the prosecution cannot prove the charge beyond reasonable doubt.