For negligent driving causing actual bodily harm the maximum penalty is a conviction and fine of $8,000. For negligent driving which does not cause any injury the maximum penalty is a conviction and fine of $3,200.
To satisfy a guilty verdict of negligent driving, the prosecution must prove that you:
If you have been charged with negligent driving occasioning death or grievous bodily harm the prosecution must also prove that your negligent driving was the cause of that injury or death.
The court must also consider the nature and condition of the road where the offence was committed, and the amount of traffic that may be reasonably expected to be on that road.
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving negligently and that you occasioned death, actual bodily harm or grievous bodily harm as a result.
Q. What is actual bodily harm?
Under section 6 of the relevant Act, actual bodily harm may include, by way of example:
Q. What is grievous bodily harm?
Under section 6 of the relevant Act, grievous bodily harm means really serious harm and includes permanent or serious disfigurement.
Q. Will I lose my licence for negligent driving?
Under section 6 of the Act, your licence will be automatically disqualified if your negligent driving results in death or grievous bodily harm. For negligent driving causing death the licence disqualification is 9 months for first offenders and 18 months for repeat offenders. For negligent driving causing grievous bodily harm the licence disqualification is 6 months for first offenders and 12 months for repeat offenders. For negligent driving where no death or grievous bodily harm is occasioned the court will likely not impose a licence disqualification although retains the discretion to do so.
Q. Will I go to jail for negligent driving?
The severity of the offence and its penalty depends on what the negligent driving occasions. If your negligent driving occasions death the maximum penalty is 2 years imprisonment. If it occasions grievous bodily harm the maximum penalty is 1 year imprisonment. Imprisonment is not an available penalty for negligent driving causing actual bodily harm or where no injury is occasioned.
For an offence of furious, reckless or dangerous driving to be made, the prosecution must prove that you:
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving furiously, recklessly or in a dangerous manner.
Q. What does dangerous driving mean?
Dangerous driving is driving in a manner that endangers people or property.
Q: What makes the offence aggravated?
Section 7A sets out particular instances that make a dangerous driving offence aggravated and these include:
Q. Will I go to jail for furious/reckless/dangerous driving?
Whether you are realistically at risk of imprisonment will depend on many factors including the seriousness of the conduct, any prior criminal record, whether a plea of guilty was entered at an early stage and many other relevant considerations.
If you are found guilty of an aggravated offence and you are a first offender the maximum penalty is 3 years imprisonment. If you are found guilty of an aggravated offence and you are a repeat offender, the maximum penalty is 5 years imprisonment. If the offence is not aggravated, the maximum penalty is 12 months imprisonment.Speak with a traffic defence lawyer in Canberra to discuss the potential outcomes for your situation.
Driving whilst disqualified is an offence of strict liability, meaning that if the physical elements of the offence are met, you are likely to be found guilty of an offence. The elements of this offence that must be satisfied are:
If you are convicted of an offence against 32(1) or (3) you are automatically disqualified from holding or obtaining a driver’s licence for 12 months if this is your first offence, or 24 months for a repeat offence. If you plead not guilty and the offence is not proved there will not be any licence disqualification.
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving whilst disqualified. Consult with a traffic defence lawyer to discuss your best course of action.
Q. When does my disqualification period take effect?
Under Section 32(7) of the Road Transport (Driver Licensing) Act 1999, if you have already had your licence disqualified or suspended your disqualification period begins at the end of your current disqualification or suspension period.
Q. Am I considered a repeat offender?
You may be considered a repeat offender under the Act if you have been convicted or found guilty of an offence under this same section within the 5 years prior to being convicted of your current offence. You are considered to be a first offender if you have not been convicted of an offence under the same section in the last 5 years.
Q. Will I go to jail for driving whilst disqualified?
The maximum penalty if this is your first offence is a fine of up to $3,200.00 and/or 6 months imprisonment, but it is not likely that you will be imprisoned if you are found, or plead, guilty to this offence. However, if you are a repeat offender, you may be imprisoned for up to 12 months if found guilty for driving whilst disqualified. Whether there is a real prospect of being sentenced to a period of full-time imprisonment will depend on a range of factors including how many past drive disqualified offences you have committed, your other criminal history, and the seriousness of the current offence.
Driving whilst suspended is an offence of strict liability, meaning that if the physical elements of the offence are met, you are likely to be found guilty of an offence. The elements of this offence that must be satisfied are:
An offence of driving while a licence suspended is different to, and generally less serious than, an offence of driving while a driver licence is disqualified. A suspension of a licence is something done by police or the road transport authority while a disqualification is something imposed by a court.
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving whilst suspended. A traffic offence lawyer is best placed to assist you with determining this decision.
Q. Will I go to jail for driving with a suspended licence?
The maximum penalty is a fine of up to $8,000.00 and 6 months imprisonment for first offenders and a fine of up to $16,000.00 and 1 year imprisonment for repeat offenders. For first offenders, it is quite unlikely you will be sentenced to imprisonment. For repeat offenders, the prospects of being sentenced to full-time imprisonment will depend on a range of factors including your past driving history, any other criminal antecedents and the seriousness of the current offence.
Q. Will the court impose a further period of licence disqualification?
The length of licence disqualification will depend on the reason you originally had your licence suspended. If the suspension was due a failure to pay an infringement notice or fine, the disqualification period is a minimum 1 month for first offenders and 2 months for repeat offences. If the suspension is for incurring too many demerit points the disqualification is for a minimum of 2 months for first offenders, and 4 months for repeat offenders. For any other suspension the disqualification is a minimum of 3 months for first offenders and 12 months for repeat offenders.
Q: Am I considered a repeat offender?
You may be considered a repeat offender under the Act if you have been convicted or found guilty of an offence under this same section within the 5 years prior to being convicted of your current offence. You are considered to be a first offender if you have not been convicted of an offence under the same section in the last 5 years.
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving whilst cancelled.
Q. What is the difference between ‘disqualification’, ‘suspension’ and ‘cancellation’?
Only courts have the power to impose a disqualification of a driver licence. A suspension of a driver licence is a temporary restriction imposed by police or the road transport authority. A licence is cancelled if the Road Transport Authority does not approve an application for a driver licence. Driving while disqualified by a court is generally considered more serious than driving while a licence is suspended or cancelled.
Q. Will I go to jail if found guilty?
If you plead guilty, or are found guilty, of driving whilst cancelled there is a possibility of an imprisonment sentence but it is not likely for a first offender. A repeat offender may be at greater risk of having an imprisonment sentence imposed. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a traffic defence lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.
Q. Am I considered a repeat offender?
You may be considered a repeat offender under the Act if you have been convicted or found guilty of an offence under this same section within the 5 years prior to being convicted of your current offence. You are considered to be a first offender if you have not been convicted of an offence under the same section in the last 5 years.
Q. What mobile phone activity is permitted?
Drivers with their full licences are allowed to use their mobile phones for certain specific circumstances. Permitted usage includes making or receiving phone calls and using GPS navigation. However, it is an offence to text, email, facetime, use mobile applications and take photos whilst driving.
Q. When can I touch my phone?
You are allowed to use your mobile phone whilst driving for phone call and GPS purposes, so long as the phone is securely mounted to the vehicle in a cradle. Phone calls can still be made without your mobile being mounted, so long as the call is made through voice activation controls (such as Siri), as you are not permitted to touch your mobile unless it is securely mounted.
Q. Can I use my phone if I am stopped at a traffic light?
Being stopped at a traffic light is still considered to be driving. Therefore, using your phone at a red light in ways that are not permitted whilst your vehicle is moving is an offence
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you engaged in predatory driving.
You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
There are different types of culpable driving offences that require different elements to be proved:
You were driving a motor vehicle culpably
Your driving resulted in the grievous bodily harm of another person
Your offence was aggravated
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving culpably.
You may accept that you drove culpably, but your traffic lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as negligent driving.
Alternatively, you may accept that you committed the offence but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the statement of facts.
Q. What is culpable driving?
Q. What is negligent driving?
For this offence you are considered to have been driving negligently if you fail unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed in all circumstances of the case.
Q. What is an aggravated offence?
An offence may be considered aggravated in relation to section 29 of the Act if the offence is against a pregnant woman or involves family violence.
Q. Will my licence be disqualified for culpable driving?
Yes. If you are found guilty, or plead guilty, to culpable driving then an automatic disqualification of your drivers licence applies under Section 62 of the Road Transport (General) Act 1999 (ACT). The automatic licence disqualification period for first offenders is 12 months and for repeat offenders is 24 months.
Q. Will I go to jail for culpable driving?
If you plead guilty, or are found guilty, of culpable driving it is likely a sentence of imprisonment will be imposed. However, the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.It is important that a traffic lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.
For a conviction of menacing driving to be made out the police must prove that:
The decision to plead guilty, or not guilty, is dependent on numerous factors including whether you accept that you were driving menacingly.
You may accept that you drove menacingly, but your traffic offence lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you committed the offence but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the statement of facts.
Q. What is menacing driving?
Menacing driving includes behavior by a motor vehicle user that induces a threat of personal injury or threat of damage to property.
Q. Will I lose my licence for menacing driving?
If you are found guilty of menacing driving your driver’s licence will automatically be disqualified under Section 63 of the Road Transport (General) Act 1999 (ACT). The automatic disqualification for a first offender is 3 months and for a repeat offender is 12 months.
Q. Can my car be impounded?
Police have the power to impound your vehicle pending the resolution of a menacing driving charge for up to 3 months. If convicted of a first offence of menacing driving a court must also make an impounding order for 3 months (taking account of time already served through the police impounding) unless the court decides a shorter period would avoid excessive hardship or injustice to anyone. For a repeat offence, the court must order the vehicle be permanently forfeited to the government unless it considers doing so would result in excessive hardship or injustice for anyone.
Q. Will I go to jail for menacing driving?
If you plead guilty, or are found guilty, of driving menacingly there is a potential to be sentenced to imprisonment. However, the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.It is important that a traffic defence lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the jail sentence.
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