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Charged with Negligent Driving?
Negligent driving is a criminal offence under section 117(1) of the Road Transport Act 2013 (NSW). While less serious than dangerous driving under section 52A of the Crimes Act, negligent driving occasioning death carries up to 18 months’ imprisonment for a first offence and 2 years for a subsequent offence, along with mandatory licence disqualification.
The distinction between negligent driving and dangerous driving is important: negligent driving involves a failure to exercise due care and attention, whereas dangerous driving requires driving under the influence, at a dangerous speed, or in a dangerous manner.
If you have been charged with negligent driving, contact Blackridge Law on 02 9159 9010 for a free consultation.
Negligent Driving Offences and Penalties
| Offence | Max Fine (1st) | Max Prison (1st) | Max Fine (2nd) | Max Prison (2nd) |
|---|---|---|---|---|
| Negligent Driving Occasioning Death | $3,300 | 18 months | $5,500 | 2 years |
| Negligent Driving Occasioning GBH | $2,200 | 9 months | $3,300 | 12 months |
| Negligent Driving (no death/GBH) | $1,100 | — | $1,100 | — |
Note: A “second or subsequent offence” means a conviction for the same or a similar major traffic offence within the previous 5 years. Negligent driving occasioning death and GBH also carry automatic licence disqualification of 3 years (first offence) or 5 years (second offence), with minimum disqualification of 12 months or 2 years respectively.
What Is Negligent Driving?
Negligent driving means driving without the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. Unlike dangerous driving, the prosecution does not need to prove that you were intoxicated, speeding, or driving in a dangerous manner — only that you failed to exercise due care.
Common examples include failing to stop at a red light or stop sign, failing to keep a safe following distance, texting or using a mobile phone while driving, failing to give way, failing to take appropriate precautions in poor weather, and performing burnouts or other reckless manoeuvres.
Defences to Negligent Driving
- No Negligence: Your driving met the standard of a reasonable and prudent driver in the circumstances
- Causation: Your negligence did not cause the death or GBH — another factor was the sole cause
- Sudden Emergency: You were faced with an unexpected emergency and responded appropriately
- Mechanical Failure: A sudden and unforeseeable mechanical failure caused the accident
- Not the Driver: You were not the person driving the vehicle
- Necessity: You were compelled to drive in that manner due to a genuine emergency
How Blackridge Law Can Help
Negligent driving charges, particularly those occasioning death or GBH, carry serious consequences including imprisonment, lengthy licence disqualification, and a criminal record. Our lawyers review all the evidence including police reports, accident investigation findings, witness statements, and expert evidence to build the strongest possible defence. We also assist clients in enrolling in the Traffic Offender Intervention Program (TOIP) and prepare comprehensive sentencing submissions.
Speak with a lawyer
Charged with a negligent 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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