Pursuant to section 117(2) of the Road Transport Act, it is an offence to drive a motor vehicle furiously, recklessly, or at a speed or in a manner dangerous to the public. It is important to know that the offence of ‘Drive in a manner dangerous’ does not just include speeding alone, but also driving in a way which causes a real or potential danger to the public. This will apply even if a driver has not injured or killed another person.
If you are charged with such an offence we recommend that you call Josh and James at McKenzie McLoughlin Law for specialised traffic advice.
What are the penalties?
For a first offence, the penalties include a maximum fine of $2,200 and/or imprisonment up to 9 months. In addition, there is an automatic disqualification period of 3 years with a minimum disqualification of a year.
For a second offence, the penalties include a maximum fine of $3,300 and/or imprisonment up to 12 months. In addition, there is an automatic disqualification period of 5 years with a minimum disqualification of 2 years. For this offence, there is an unlimited maximum disqualification period.
What does the court take into account?
In considering whether the offence has been committed, the court is to take into account several factors, which include:
- The nature, condition and use of the road on which the offence is alleged to have been committed, and,
- The amount of traffic that was present at the time, or which might reasonably be expected to be, on the road.
Why choose McKenzie McLoughlin?
With regard to the severe penalties available to a court, it is incredibly important that you have an experienced traffic lawyer appear for you. Not only are Josh McKenzie and James McLoughlin ex-prosecutors who have appeared in many matters of this type, but they will also have an insight into how the police have investigated the case and whether there are any available defences. Their experience is your advantage. Should the matter ultimately be a plea of guilty, Josh and James can make effective submissions on your behalf to try and get you the best outcome. Josh and James are non-judgmental practitioners who are client-focused and results-driven.