Barsha Defence Lawyers

Book FREE Consultation

Dangerous Driving

Driving and traffic offences

The offence of Dangerous Driving is found in section 52A of the Crimes Act 1900 (NSW) which deems a person guilty if they drive a motor vehicle on the road dangerously.

Dangerous Driving – Get Expert Legal Advice from Our Experienced Team of Criminal & Traffic Lawyers!

Navigating charges for dangerous driving can be daunting, especially considering the potential for severe penalties under the Crimes Act 1900. At Barsha Defence Lawyers, our team of skilled lawyers specializes in defending individuals facing these serious traffic offenses.

Defending Serious Traffic Matters

Charged with dangerous driving? It’s crucial to have an experienced traffic lawyer who can effectively defend you. With years of experience in successfully defending and winning dangerous driving cases, you can trust us to provide the best possible defense.

Dangerous Driving Occasioning Death – s 52A (1) Crimes Act 1900

Your Options:

  1. Pleading Not Guilty: Before entering a guilty plea, consider if you can plead ‘not guilty’ and challenge the charges. Our experienced team will meticulously analyze the case, identifying weaknesses to mount a strong defense strategy.
  2. Pleading Guilty: If you choose to plead guilty, our lawyers will advocate for a favorable sentence. Understanding the potential penalties, including up to 10 years’ imprisonment, we strive to mitigate consequences and present your case persuasively.

Aggravated Dangerous Driving Occasioning Death – s 52A (2) Crimes Act 1900

Your Options:

  1. Pleading Not Guilty: We scrutinize evidence to challenge the prosecution’s case, dedicated to protecting your rights and providing effective representation.
  2. Pleading Guilty: Opting to plead guilty doesn’t mean giving up. Our lawyers craft compelling arguments to secure the best possible outcome, aiming to minimize penalties, including up to 14 years’ imprisonment.

Dangerous Driving Occasioning Grievous Bodily Harm – s 52A (3) Crimes Act 1900

Your Options:

  1. Pleading Not Guilty: Our team explores every avenue to defend your innocence, challenging evidence and presenting strong defenses to achieve a positive outcome.
  2. Pleading Guilty: If you opt to plead guilty, our lawyers provide expert guidance to potentially secure a more lenient penalty than if found guilty by the court. We aim to minimize penalties, which can include up to 7 years’ imprisonment.

Aggravated Dangerous Driving Occasioning Grievous Bodily Harm – s 52A (4) Crimes Act 1900

Your Options:

  1. Pleading Not Guilty: We work tirelessly to challenge the prosecution’s case, utilizing expert witnesses and strategic defenses to prove innocence.
  2. Pleading Guilty: Choosing to plead guilty may result in a more lenient penalty, but it’s essential to consider all options. Our experienced traffic lawyers provide sound advice to navigate the legal process effectively.
 

You could be charged with Dangerous Driving if you:

  1. Drive a motor vehicle dangerously on the road and cause death or grievous bodily harm.

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • You drove a motor vehicle on the road; 
  • Under the influence of intoxicating liquor or of a drug; or
  • At a speed dangerous to another person(s);
  • In a manner dangerous to another person(s); and
  • Grievous bodily harm occurs; or
  • Death occurs
These dangerous driving is very serous and often involves some form of imprisonment. 

What are the maximum penalties for this offence?

The maximum penalties for Dangerous Driving occasioning death in NSW is:

  • 10 years imprisonment
 

The maximum penalties for Dangerous Driving occasioning death in circumstances of aggravation in NSW is:

  • 14 years imprisonment
 

The maximum penalties for Dangerous Driving occasioning grievous bodily harm in NSW is:

  • 7 years imprisonment
 

The maximum penalties for Dangerous Driving occasioning grievous bodily harm in circumstances of aggravation in NSW is:

  • 11 years imprisonment
 

What are circumstances of aggravation?

(a) the prescribed concentration of alcohol was present in the accused‘s breath or blood, or

(b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or

(c) the accused was driving the vehicle to escape pursuit by a police officer, or

(d) the accused‘s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

What are your options at Law?

If you are facing charges of Dangerous Driving, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
 
  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Have you been charged with Dangerous Driving? 

Get Expert Legal Representation Today!

Have you found yourself facing charges of Dangerous Driving? Don’t navigate this complex legal situation alone. Contact our team at Barsha Defence Lawyers today to schedule your first free consultation.

Why Choose Barsha Defence Lawyers?

  • Extensive Experience: With a wealth of experience in defending traffic matters, our team at Barsha Defence Lawyers is well-equipped to handle your case.
  • Tailored Legal Solutions: We understand that every case is unique. Our lawyers provide personalized legal advice and representation tailored to your specific circumstances.
  • Proven Track Record: Our track record of successful outcomes speaks for itself. You can trust us to fight tirelessly for your rights and interests.

What We Offer:

  • Comprehensive Case Evaluation: We’ll conduct a thorough review of your case, examining all the details to build a strong defense strategy.
  • Expert Representation: From negotiating with prosecutors to representing you in court, our expert lawyers will be with you every step of the way.
  • Clear Communication: We believe in keeping our clients informed throughout the legal process, providing clear explanations and guidance at every stage.

Contact Us Today for Expert Legal Assistance

Don’t let a charge of Dangerous Driving jeopardize your future. Contact Barsha Defence Lawyers now to schedule your free consultation. Our team is ready to provide the legal support and representation you need to protect your rights and achieve the best possible outcome. Let Barsha Defence Lawyers be your trusted ally in navigating the complexities of the legal system.

Enquire Today