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- Reckless and Dangerous Driving NSW | Catron Simmons
- Driving Under the Influence NSW | Catron Simmons
- Driving with Illicit Substance NSW | Catron Simmons
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- Negligent Driving Charges NSW | Catron Simmons
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Negligent Driving Charges NSW | Catron Simmons
Negligent Driving
Negligent Driving is one of the most common traffic offences used by the police. Police must show that you were the driver of a motor vehicle and that you drove it negligently.
Negligent Driving can include anything from rear-ending someone to driving on the wrong side of the road.
What penalty could I be facing for Negligent Driving?
If convicted of Negligent Driving and it is your first major or drink-driving offence in five years, you could face a fine up to $1,100 and possible licence disqualification.
Negligent Driving causing Grievous Bodily Harm
Negligent Driving causing Grievous Bodily Harm is described as injuries that are “really serious” this can include lost limbs, serious disfigurement, scarring and broken bones.
Negligent Driving causing GBH or Death are both extremely serious charges both with imprisonment attached. You need to obtain legal advice from a traffic expert. Catron Simmons Lawyers can help guide you through this process. Due to the serious nature of these charge and you may even be arrested and held in custody.
What penalty could I be facing for Negligent Driving causing GBH?
If convicted of Negligent Driving occasioning Grievous Bodily Harm and it is your first offence in a five year period, the maximum penalty for this offence is a fine of $2,200 and/or imprisonment for nine months. Your licence will be disqualified for an automatic period of three years, unless the court see fit. The minimum disqualification period is 12 months.
If convicted of this offence and it is your second or subsequent offence the penalty is $3,300 and/or 12 months imprisonment. Your licence will be disqualified for an automatic period of five years, unless the court see fit. The minimum disqualification period is three years.
Negligent Driving Causing Death
Negligent Driving causing GBH or Death are both extremely serious charges, both with imprisonment attached. You need to obtain legal advice from a traffic expert. Catron Simmons Lawyers can help guide you through this process. Due to the serious nature of these charge and you may even be arrested and held in custody.
What penalty could I be facing for Negligent Driving causing Death?
If convicted of Negligent Driving Causing Death, and it is your first offence in five years, the maximum penalty is $3,300 and/or 18 months imprisonment. Your licence will be disqualified for an automatic period of three years, unless the court see fit. The minimum disqualification period is 12 months.
If convicted of this offence, and it is your second or subsequent offence, the penalty is $5,500 and/or 2 years imprisonment. Your licence will be disqualified for an automatic period of five years, unless the court see fit. The minimum disqualification period is three years.
What is a serious traffic offence?
Serious Traffic Offences in NSW include:
- Predatory driving;
- Police pursuits;
- Dangerous driving;
- Failing to stop and assist;
- Negligent driving causing death or grievous bodily harm;
- Furious or reckless driving;
- Menacing driving; and
- Driving offences causing death or grievous bodily harm which are prosecuted under any other sections of the Crimes Act 1900.
What must the prosecution prove?
The prosecution must prove that
- The accused is the driver
- The accused drove negligently
In the Causes of injury, the Prosecution must also prove:
- That, as a result of that negligent driving, a person sustained injuries amounting to previous bodily harm and/or death.
What is the difference between Negligent Driving and Reckless/Furious Driving?
The difference between negligent driving and Reckless and/or Furious driving under the Crimes Act is the degree of negligence.
Negligent driving is a departure from the standard of care expected of an ordinary and prudent driver.
The offence of Reckless, Furious Driving in a dangerous manner requires a higher degree of negligence or an aggravated form of negligence.
Possible Defences to Negligent Driving
There are several possible defences to Negligent Driving, and you should consult your traffic specialist at Catron Simmons Lawyers.
Some of these offences may include:
- Honest and Reasonable Mistake of Fact
- Ordinary and Prudent Driver and/or defensive driving
- Mechanical Defect
- Degree of Negligence – inevitable, unavoidable or blameless accident
- Automatism
- Degree of Injury and/or cause of injury.
My Licence has been suspended, What can I do?
You need to lodge an application with the Local Court. This application must be lodged within 28 days, so it is important to get legal advice early.
The test for this appeal is quite high. The applicant must show that there are “exceptional circumstances” as to why you need a licence. Therefore, reasons such as transportation to/from work or school, or having a licence as part of your job, are not typically considered exceptional or extraordinary, but you should seek advice on this issue.
Catron Simmons Lawyers can assist you in preparing the application to give you the best chance of returning to driving as soon as possible.
Helpful Information
What are the alternatives to imprisonment?
You should obtain legal advice before going to court and pleading guilty to any offence. A well-presented sentencing will ensure that you receive the best outcome for your situation.
In NSW, a court can impose any of these types of penalties:
Non Conviction Dismissal (s10(1)a)
This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially, as soon as you leave the court, the matter is completely finalised.
Conviction Only s10A
This is an order from the court that means you are convicted of the offence, but there is no further penalty, and the matter is completely finalised once you leave the courtroom.
Community Release Order (CRO)
A CRO is the less serious of the bonds; there are two forms: conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not; it is a matter for the court. That said, the court can order supervision, and Community Corrections can discontinue it if it deems it appropriate. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. Additional conditions can also be imposed, as with any other bond, including, but not limited to, alcohol/drug restrictions and/or rehabilitation, curfews, community service orders, and non-association and/or place-restriction orders.
Fine
A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually expressed in penalty units. Generally speaking, after the court has sentenced you and imposed a fine, you have 28 days to pay; however, the court registry may extend this period and arrange a payment plan. Failure to pay the fine will result in an enforcement order, which may lead to suspension of your driver’s licence and/or registration. Following this, further orders, such as a civil enforcement order, community service, and/or goal, may be utilised instead.
Community Corrections Order (CCO)
A CCO is the more serious of the bonds and is used when the offence is too serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. The court can add additional orders, including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Intensive Correction Order (ICO)
An ICO is a type of imprisonment or custodial sentence that can be served in the community under strict conditions and supervision. The ICO is the most serious court order that can be served on an offender in the community and is not available for a number of offences involving Violence, breaches of public safety, and child-related matters. The court can impose conditions on an ICO, such as home detention, electronic monitoring, curfews, community service, alcohol/drug restrictions, place restrictions, association orders, and/or whatever the court deems appropriate. An ICO is monitored and supervised by Probation and Parole NSW, and any breaches of the order are referred to the NSW State Parole Authority (SPA) and not the courts. Often, the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.
What are my options? What is a conviction?
A conviction means that the court has found you guilty and has decided to record the offence in a ‘formal’ declaration.
It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Community Release Order without conviction or s10(1)a)).
If convicted of any offence, this is recorded on your criminal record. The existence of a criminal record may affect future employment and travel, especially to countries like the United States.
If you believe you are not guilty of an offence, it is important to get legal advice early, as the court offers discounts for early pleas in sentencing.
What is written notice of pleading? Should I complete it?
A Written Notice of Pleading is a document that is given to you by the police when charged, or a letter or document sent to the court outlining your wish to plead guilty to the charges enforced by the court.
Although this can be an attractive option, the forms are straightforward, and you wouldn’t need to attend court, this is actually a bad idea. A written notice prevents the court from understanding more about you as a person, your income, responsibilities, and factors that could mitigate the punishment or sentence.
On a written plea of guilty, the magistrate has only the Police Fact Sheet and Criminal Record for information, and the penalty imposed is often greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before it is tendered, as the court will base all its decisions on it.
At Catron Simmons Lawyers, we can put forward the best case in your defence, often leading to a fairer and more just outcome.