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Charged with Dangerous Driving in NSW?
Dangerous driving offences are among the most serious traffic charges in NSW, carrying penalties of up to 14 years’ imprisonment for aggravated dangerous driving causing death. These offences are governed by section 52A of the Crimes Act 1900 (NSW) and involve driving under the influence, at a dangerous speed, or in a dangerous manner that results in death or grievous bodily harm.
If you have been charged with a dangerous driving offence, contact Blackridge Law immediately on 02 9159 9010 for a free consultation.
Dangerous Driving Offences and Penalties
| Offence | Section | Max Penalty |
|---|---|---|
| Dangerous Driving Occasioning Death | s 52A(1) | 10 years |
| Aggravated Dangerous Driving Occasioning Death | s 52A(2) | 14 years |
| Dangerous Driving Occasioning GBH | s 52A(3) | 7 years |
| Aggravated Dangerous Driving Occasioning GBH | s 52A(4) | 11 years |
| Fail to Stop and Assist After Impact Causing Death | s 52AB(1) | 10 years |
| Fail to Stop and Assist After Impact Causing GBH | s 52AB(2) | 7 years |
| Furious/Reckless Driving (no death/GBH) | s 117(2), Road Transport Act | 9 months (1st) / 12 months (2nd) |
What Makes Driving “Dangerous”?
Under section 52A, a person is guilty of dangerous driving if their vehicle is involved in an impact causing death or GBH and, at the time, they were driving under the influence of intoxicating liquor or a drug, at a speed dangerous to others, or in a manner dangerous to others.
Whether driving is “dangerous” is an objective test. The court asks whether a reasonable and prudent driver in the same position would have appreciated that the driving created a real risk of serious harm. The test does not take into account the driver’s personal characteristics or subjective beliefs.
Circumstances of Aggravation
Under section 52A(7), the offence is aggravated if the driver was:
- Driving with a blood alcohol concentration of 0.15 or above (the prescribed concentration)
- Driving at a speed more than 45 km/h above the speed limit
- Driving to escape pursuit by police
- Very substantially impaired by a drug (including a combination of drugs and alcohol)
Defences to Dangerous Driving
- The death or GBH was not caused by the dangerous driving: Under section 52A(8), it is a defence if the death or injury was not attributable to the influence of alcohol/drugs, the speed, or the manner of driving
- Honest and Reasonable Mistake of Fact: As a strict liability offence, a defence may arise if the driver made an honest and reasonable mistake that it was safe to drive (e.g., an unknown mechanical failure)
- Not the Driver: The accused was not the person driving the vehicle
- Duress or Necessity: The accused was compelled to drive dangerously due to a genuine emergency
- No Impact: The vehicle was not involved in an “impact” as defined under the Act
How Blackridge Law Can Help
Dangerous driving charges are complex and carry severe penalties, including lengthy imprisonment and licence disqualification. Our lawyers obtain and review all available evidence including accident reconstruction reports, forensic toxicology, dashcam footage, and witness statements. We negotiate with the DPP and prepare strong defence cases at trial and sentencing. In appropriate cases, we work to have charges downgraded from dangerous driving to negligent driving.
Speak with a lawyer
Charged with a dangerous driving offence? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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