Negligent driving refers to situations where accidents are caused, however, the driving of the offender was not reckless or dangerous enough to result in a more serious charge such as ‘dangerous driving’. Negligent driving offences are generally divided into three main categories:

  • Negligent driving
  • Negligent driving occasioning grievous bodily harm
  • Negligent driving occasioning grievous bodily harm

For example, not paying attention to the road and causing an accident could result in a negligent driving charge. In order to be found guilty of negligent driving, the prosecution but prove the two following factors beyond reasonable doubt:

  • That you were driving a vehicle
  • That you were not exercising the “degree of care and attention that a reasonable and prudent driver would exercise in the circumstances”
  • That you caused grievous bodily harm to another person (if charged)
  • That you caused the death of another person (if charged)

 

Legislation

  •  s 117 (1)(a) Road Transport Act 2013 – Negligent driving occasioning death
  • s 117 (1)(b) Road Transport Act 2013 –  Negligent driving occasioning grievous bodily harm
  • s 117(1)(c) Road Transport Act 2013 –   Negligent driving NOT causing death or grievous bodily harm

 

Penalties

 Offence  First Offence  Second Offence
Negligent driving occasioning death  Max. fine of $3,300

18 months’ imprisonment

Max. automatic disqualification of 3 years

Max. fine of $5,500

2 years’ imprisonment

Max. automatic disqualification of 5 years

 Negligent driving occasioning grievous bodily harm  Max. fine of $2,200

9 months imprisonment

Max. automatic disqualification of 3 years

 Max. fine of $3,300

12 months’ imprisonment

Max. automatic disqualification of 5 years

Negligent driving Max. fine of $1,100

Max. disqualification of 12 months

If you are facing negligent driving charges, our legal professionals can help you successfully defend your charge, or obtain a lesser sentence. Contact us to speak with one of our experienced traffic law specialists.

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