Negligent Driving Causing Death

Lawyers NSW

What is Negligent Driving Causing Death

Negligent Driving Causing Death is an extremely serious offence, which often results in a penalty of full-time imprisonment. It suggests that a driver has been negligent in their manner of driver, and as a result of this negligent driving, another person died.

 

Negligent Driving Causing Death & The Law

Negligent Driving causing Death can found under s 117(a) 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 road; and

  • The accused was driving in a negligent manner; and

  • As a result of the negligent driving, death was occasioned to another person

 

Going to Court – “What am I looking at?”

If the matters remain in the Local Court, the maximum penalty is a fine of up to $3,300 and a potential term of imprisonment of up to18 months. If there is a Court order, there could be an unlimited licence disqualification period. However, in the absence of a Court order, there is an automatic licence disqualification of 3 years, which can be reduced in some cases to a minimum of 12 months.

However, if the matter is a second or subsequent offence, with a prior conviction for such offence in the past, or any other ‘major offence’,  there is a maximum penalty of $5,500 and a maximum term of imprisonment of 2 years. If there is a Court order, there could be unlimited licence disqualification period. However, in the absence of a Court order, there is an automatic licence disqualification of 5 years, which can be reduced in some cases 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

  • Driving recklessly

  • Police pursuit

  • Failing or refusing to provide oral fluid sample

 

Lawyer Call – here to help..

 

Being charged with Negligent Driving Causing death, can be overwhelming due to the seriousness of the charge, and perhaps, strong feelings of guilt and sadness. Further, the implications this could have on your life, family and future career goals. 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.

Alternatively, should you wish to proceed in contesting such a charge, our Traffic Defence Team is on hand to provide appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court before a Magistrate. It is often the case that the definition of the term ‘negligent’ is difficult to define, and it is at this point that the prosecution will struggle to prove beyond a reasonable doubt that you were driving negligently. One should proceed down the path of entering plea of Not Guilty with caution, as expert witnesses including crash investigation experts, coroner, medical practitioners and police on scene, would have to be brought to court to explain the nature and scene of the accident. It is not easy to defend cases of negligent driving causing death, and an in-depth analysis of every factor needs to be carefully looked at by a team of defence lawyers.

At Lawyer Call we believe in advising all our clients from very early on, the honest truth and break down of their situation, saving future costs, time and emotional burdens on futile engaged trials and hearings. While we also have the expertise and appropriate Barristers and Senior Legal Counsel available for trial work, we understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight. 

If you have been charged with this offence, please call our office immediately on 1300 LAW 111.

 

TESTIMONIALS

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—  Casey, Nurse

    Sutherland

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