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Dangerous Driving Charges in ACT: What You Need to Know
Andrew Byrnes Law Group • July 19, 2022
If you are caught driving dangerously in the ACT, you could be facing some serious criminal charges. Dangerous driving is a very serious offence, and can result in a jail sentence and significant fines unless you have
experienced driving offence lawyers on your side. We'll go over what dangerous driving entails and what to expect if you're charged with it.
What is Dangerous Driving?
Dangerous driving is defined as driving a vehicle in a manner that endangers the lives or property of other people. It is an offence under Section 7 of the
Road Transport (Safety and Traffic Management) Act 1999 to drive a motor vehicle in a furious manner, recklessly, or at a speed or in such a way that endangers the public.
Section 7A specifies aggravating circumstances that elevate the crime of dangerous driving to a more serious level.
The following are some of the aggravating situations:
- the person failed to comply with a police officer's request or signal to stop the motor vehicle as soon as possible;
- the person was driving while having the prescribed level of alcohol in their blood or breath;
- the person was driving while under the influence of a prescribed drug in their oral fluid or blood;
- the person was driving while under the influence of intoxicating liquor or a drug to the point of being unable to control the vehicle;
- the person was driving at a speed that was more than 30% faster than the speed limit;
- the person was driving in a reckless manner, endangering the safety of a vulnerable road user.
- the person was driving with a passenger under the age of 17 in the vehicle;
- the person is a repeat offender.
Penalties for Dangerous Driving
A person must not drive a motor vehicle furiously, recklessly, or at a speed or in a manner that is dangerous to the public on a road or in a road-related area.
Maximum penalty:
- for an aggravated offence committed by a first offender in which a circumstance mentioned in section; fine up to 300 penalty units, imprisonment for 3 years, or both; or
- for an aggravated offence committed by a repeat offender in which a circumstance mentioned in Section 7A; fine up to 500 penalty units, imprisonment for 5 years, or both; or
- for any other aggravated offense; maximum of 200 penalty units, 2 years in prison, or both; or
- in all other cases, 100 penalty units, 12 months in prison, or both.
Automatic Licence Disqualifications
If a court convicts or finds a person guilty of an offence covered by this section, that person is automatically disqualified from holding or getting a driver's licence:
- for a first offence: for 3 months or for a longer time if the court says so; or
- for a repeat offender: for a year (12 months) or for a longer time if the court says so.
Alternative Verdicts
If the court is convinced beyond a reasonable doubt that the defendant committed an offence but is not convinced that it was an aggravated offence, the court can find the defendant guilty of the ordinary offence charged but not guilty of the aggravated offence (Section 7A). This can happen only if the defendant has been treated fairly in relation to the guilt finding.
Guilty Offences
The following are all instances of when a court must infer that someone is guilty were driving a motor vehicle on a road or road-related area and that the manner of your driving was either:
- reckless;
- furious; or
- dangerous to the public; or
- at speed dangerous to the public.
There are different ways that police officers can tell if you are driving dangerously.
Some of the ways are:
- if you're speeding;
- if you're weaving in and out of traffic;
- if you're tailgating other vehicles;
- if you're running red lights or stop signs;
- or if you're engaging in any other type of aggressive driving.
Defences to a Dangerous Driving Charge
Arguable defences to a charge of careless driving include:
Duress: You were forced to do dangerous driving because you were threatened with serious harm if you didn't.
Necessity: You had to drive dangerously to avoid a greater evil. For example, you had to swerve to avoid hitting a pedestrian.
Dangerous driving is a serious offence that can result in automatic licence disqualification and imprisonment. If you have been charged with careless and dangerous driving causing death, it is important to look for law firms and seek legal advice from as soon as possible.
Hiring a Lawyer
When you are charged with a crime, it is very important to have an experienced traffic lawyer represent you in court. A lawyer can help you understand the charges against you and what your options are. A lawyer can also speak on your behalf in court and help you to get the best possible outcome in your case.
If you have been charged with Dangerous Driving in the ACT and need legal representation, you should contact a Canberra lawyer from Andrew Byrnes Law Group as soon as possible. We specialise in all facets of criminal law, including traffic offences. Book a free meeting and find out how we can help you with your case. Our lawyers will be able to advise you on the best course of action to take in any criminal or traffic law matter and represent you in magistrates court if necessary.
Don't risk your future by trying to represent yourself in court. Get in touch with Andrew Byrnes Law Group today.
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