Drive in a Manner or Speed
Dangerous to Public
What is Drive in a Manner or Speed Dangerous to the Public
It is an offence to drive a motor vehicle on a public road in a manner that is dangerous to the public.
Drive in a Manner or Speed Dangerous to the Public & The Law
Driving in a Manner/Speed Dangerous to the Public is an offence under Section 117(2) of the Road Transport Act 2013.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused was driving a motor vehicle on a public road; and
The accused drove the vehicle in a manner that can be objectively tested to have the potential to cause danger to the public. The ‘public’ can include all the people on the road and those in the road’s vicinity, or
The accused drove the vehicle at a speed, which exceeded the speed limit and was considered dangerous taking into account all the circumstances, including time of day and road conditions, which would have the potential to cause danger to the public.
Going to Court – “What am I looking at?”
This offence carries a maximum fine of up to $2,200 and/or a period of imprisonment of up to 9 months. There is an automatic disqualification of 3 years, which can be reduced to a minimum of 12 months.
If however, the person has been convicted of a previous offence of drive in manner/speed dangerous, or any other ‘major offence’, within the past 5 years, this is called a ‘second or subsequent offence’. This carries a maximum fine of up to $3,300 and a maximum period of imprisonment of 12 months. It also carries an automatic period of licence disqualification of 5 years, which can be reduced to a minimum of 2 years.
What is a ‘Major Offence’?
A ‘Major Offence’ is a serious traffic offence and defined under Section 4 of the Road Transport Act 2013. It can include but not limited to, traffic offences such as:
Drink or Drug Driving
Negligent Driving causing death or grievous bodily harm
Failing or refusing to provide oral fluid sample
Lawyer Call – here to help..
Being charged with Driving in a manner Dangerous, can be overwhelming due to the seriousness of the charge, and the implications this could have on your life, family and future career goals, particularly to long duration of licence disqualification. At Lawyer Call, we seek to understand the exact details of the incident first and foremost.
Our expert Traffic Lawyers have extensive experience in conducting powerful pleas before a Magistrate, with in-depth preparation and gathering of the right documentation in support of your character, and addressing every possible avenue of mitigating the seriousness of this offence.
We would need to explore all potential subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence, with a reduced disqualification period, a minimal fine, and most importantly avoid imprisonment.
If you have been charged with this offence, please call our office immediately on 1300 LAW 111.