- Drink and Drug Driving Offences
- Licence Appeal – Remove Disqualification
- Camera Detected Offences
- Police Pursuits
- Driver Licence Offences
- Licence Appeal – Suspension
- Other Infringement Notices/Fines
- Traffic Law
- Drink Driving / PCA
- Drive Recklessly, Furiously or in Manner Dangerous
- Driving Under the Influence
- Driving with Illicit Substance
- Heavy Vehicle Offences
- Negligent Driving
- Speeding & Light Camera Offences
Negligent Driving
Negligent Driving
Negligent Driving, is one of the most common traffic offences used by Police. Police must show that you were the driver of a motor vehicle and that the vehicle was driven in a negligent manner.
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 this offence and it is your first major or drink driving offence in a five year period, the maximum penalty for this offence is a fine of $1,100. The court may decide to disqualify your driver’s licence if they see fit.
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 a five year period, 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 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 that the ordinary and prudent driver would undertake.
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 a number of 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 to the Local Court, this application must be 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, reasoning such as transport to/from work, school and/or even having your licence as part of your job are not considered exceptional or extraordinary.
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 court room.
Community Release Order (CRO)
A CRO is the less serious of the bonds; they come in 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 being said the court can order supervision and Community Corrections can discontinue supervision if they deem appropriate. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. Additional conditions can also be imposed like any other bond that can include but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, 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 articulated as part of the offence as a penalty unit. Generally speaking, after the court has sentenced you and given you a fine you have 28 days to pay, however, the court registry can increase this time to pay the fine and arrange payment plans. Failure to pay the fine will result in an enforcement order, this can have consequences such as suspension of your drivers 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 are used when the offence is to 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 that the offender must appear in court if called upon to do so. 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 yo to two courts that the court decides can be served in the community. The ICO is the most serious of court orders that an offender can serve in the community and are not available for a number of offences involving Violence, breaches of public safety and child related matters. The court can add conditions to an ICO such as home detention, electronic monitoring, curfews, community service work, alcohol/drug restrictions, place restrictions, association orders and/or whatever the court see fits. An ICO is monitored and supervised by Probation and Parole NSW and any breaches of the order are referred to the NSW State ParolAuthority (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 deicide 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. This existence of a criminal record may affect future employment, travel especially to places like the United States.
If you believe you are not guilty of an offence it is important to get legal advice early as there are discounts offered by the court for early pleas in sentencing.
What is written notice of pleading? Should I complete it?
A Written Notice of Pleading is a a document that is given to you by Police when charged or alternatively a letter or document sent to the court outlining your wish to plead guilty to the charges enforce the court.
Although this can be an attractive option and the forms seem fairly straightforward and it means that that you would not have to attend court this is actually a bad idea. A written notice stops the court understanding more about you as a person, your income, responsibilities and factors that could mitigate the punishment on sentence.
On a written plea of guilty the magistrate only has the Police Fact Sheet and Criminal Record as information, and often the penalty imposed would be 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 they are tendered as this is what the court will base all their decisions on.
At Catron Simmons Lawyers, we can put forward the best case in your defence to often a fairer and more just outcome.