Driving Offences
Negligent & Dangerous Driving
Charged with negligent or dangerous driving in Lake Macquarie or Newcastle? We provide experienced representation for all charges — from minor negligent driving through to occasioning death.
Negligent & Dangerous Driving Lawyers — Lake Macquarie & Newcastle
Negligent and dangerous driving charges range from relatively minor matters — a momentary lapse of attention — to the most serious traffic offences on the statute books, carrying maximum penalties of up to 14 years imprisonment where death results in aggravated circumstances.
At Lake Macquarie City Legal, we represent clients charged with all levels of negligent and dangerous driving. We examine the evidence carefully, advise on available defences, and work to achieve the best possible outcome — whether that is a dismissal, a reduced charge, or a minimised penalty and disqualification period.
If you have been involved in an accident and are under investigation or have been charged, contact us before making any statement to police.
Offences & Penalties
First Offence
Fine up to $1,100 + 3 demerit points. No automatic disqualification.
Subsequent Offence
Fine up to $2,200 + 3 demerit points.
First Offence
Fine up to $2,200 / 9 months imprisonment + 12-month automatic disqualification.
Subsequent Offence
Fine up to $3,300 / 12 months imprisonment + 2-year automatic disqualification.
First Offence
Fine up to $3,300 / 18 months imprisonment + 12-month automatic disqualification.
Subsequent Offence
Fine up to $5,500 / 2 years imprisonment + 3-year automatic disqualification.
First Offence
Fine up to $3,300 / 18 months imprisonment + 12-month automatic disqualification.
Subsequent Offence
Fine up to $5,500 / 2 years imprisonment + 3-year automatic disqualification.
First Offence
Maximum 7 years imprisonment (14 years if aggravated).
Subsequent Offence
Maximum 7 years imprisonment (14 years if aggravated).
First Offence
Maximum 10 years imprisonment (14 years if aggravated).
Subsequent Offence
Maximum 10 years imprisonment (14 years if aggravated).
Penalties shown are maximum penalties. Courts have discretion to impose lesser penalties. Aggravated dangerous driving occasioning GBH or death carries double the standard maximum penalty.
Aggravating Circumstances
The following circumstances double the maximum penalty for dangerous driving occasioning grievous bodily harm or death:
Defences & Options
Contesting the Standard of Driving
The prosecution must prove your driving fell below the standard of a reasonable and prudent driver. We examine the evidence — including police reconstruction reports, witness statements and CCTV — and advise on whether this element can be contested.
Mechanical Defect / Emergency
Where the manner of driving was caused by a sudden mechanical failure or a genuine emergency beyond your control, this may provide a complete or partial defence. We advise on the evidence required to establish this.
Causation (Injury/Death Charges)
For charges involving injury or death, the prosecution must prove your negligent or dangerous driving caused the harm. Where causation is in dispute — for example, where the victim's own actions contributed — we examine the evidence carefully.
Section 10 Dismissal
For less serious negligent driving charges with no injury, a section 10 dismissal may be available for eligible first offenders with good character. We advise on your prospects honestly.
Submissions in Mitigation
Even where a conviction is likely, we present your personal circumstances — your driving record, your need for a licence, your employment, and any other relevant factors — to minimise the penalty and disqualification period.
Licence Disqualification Minimisation
We argue for the minimum disqualification period where possible, and advise on the interlock program for drink driving-related dangerous driving charges.
How We Help
Free Consultation
We review the charge, the evidence and the circumstances. We advise honestly on your prospects and the likely outcome — including the risk of imprisonment for serious charges.
Evidence Review
We obtain and examine the police brief — including accident reconstruction reports, witness statements, CCTV footage, and any toxicology results — for issues that may affect the prosecution case.
Court Preparation
We prepare thorough submissions addressing your personal circumstances, gather character references and supporting material, and brief counsel where appropriate for serious matters.
Representation
We appear with you at every court appearance — Local Court or District Court — and advocate for the best possible outcome.
Frequently Asked Questions
What is the difference between negligent and dangerous driving?
Negligent driving involves driving that falls below the standard of a reasonable and prudent driver. Dangerous driving involves driving in a manner that is dangerous to the public — a higher threshold. Dangerous driving carries significantly higher maximum penalties, including up to 10–14 years imprisonment where death results.
Can I go to jail for negligent driving?
For negligent driving with no injury, imprisonment is unlikely for a first offender. However, for negligent driving occasioning grievous bodily harm or death, imprisonment is a real possibility — particularly for subsequent offenders or where there are aggravating circumstances. We advise honestly on the risk for your specific matter.
What are aggravating circumstances for dangerous driving?
Aggravating circumstances include driving under the influence of alcohol or drugs, driving at excessive speed, driving in a race or speed trial, and driving with a deliberate disregard for the safety of others. The presence of aggravating circumstances doubles the maximum penalty for dangerous driving occasioning grievous bodily harm or death.
Will I lose my licence for negligent or dangerous driving?
For negligent driving with no injury, there is no automatic disqualification — though the court can impose one. For negligent or dangerous driving occasioning grievous bodily harm or death, there is an automatic disqualification period. We advise on the likely disqualification for your specific charge and argue for the minimum period.
What happens if I am involved in an accident and charged with negligent driving?
If you are involved in an accident and charged with negligent driving, you should not make any statement to police without first speaking to a solicitor. The police brief — including accident reconstruction reports and witness statements — is critical evidence. Contact us as soon as possible after the accident.
Can I get a section 10 for negligent driving?
A section 10 dismissal (conditional release order without conviction) may be available for less serious negligent driving charges with no injury, for eligible first offenders with good character and genuine remorse. It is not available for charges involving grievous bodily harm or death. We advise on your prospects honestly.
Free First Consultation
Experienced advice on all negligent and dangerous driving charges. Don't speak to police without legal advice first.
02 4945 4445Send EnquiryKey Facts
Dangerous driving occasioning death: up to 10–14 years
Aggravating factors double the maximum penalty
Automatic disqualification for GBH/death charges
Section 10 available for minor negligent driving
Charged with negligent or dangerous driving?
Get experienced advice before speaking to police. Free first consultation.