NEW SOUTH WALES OFFENCES

NEGLIGENT DRIVING

Negligent driving in NSW is generally defined as a failure to take proper care, therefore to be proven guilty of negligent driving the prosecution need to prove beyond a reasonable doubt that you failed to take proper care when you were driving your vehicle.

There are three main charges in relation to negligent driving:

Negligent driving that does not occasion death or grievous bodily harm (GBH);
Negligent driving that occasions GBH; and
Negligent driving that occasions death

Some examples of driving that may be deemed “negligent” include:

Driving at excessive speed for the driving conditions
Driving so close to the car in front that you can’t see the road ahead
Failing to slow down or stop if you become dazzled by bright lights, particularly the headlights of the car in front
Not providing enough warning when changing direction
Failing to take care at intersections and/or reduce your speed

The Penalty

Unlike many other traffic offences, negligent driving alone does not have a mandatory period of disqualification, although the court can impose a 12-month disqualification period if believed to be appropriate.
Negligent driving which has resulted in GBH will be liable to 20 penalty units, equating to a $2,200 fine and/ or imprisonment for 9 months, for a first offence, or 30 penalty points, equating to a $3,300 fine, and/or imprisonment for 12 months for a subsequent offence.
Negligent driving occasioning death is the most serious of the offences. The Court may enforce a maximum penalty of 30 penalty units ($3,300 fine), in addition to 18 months imprisonment, for a first offence, or 50 penalty units ($5,500 fine) and/or imprisonment for 2 years for a subsequent offence.

Can I Defend The Charge?

The main defences used for negligent driving are duress and necessity, and if you can prove that you were driving in a negligent manner due to extenuating circumstances, you may be able to successfully raise a defence to the charges.

It is important to get in touch us immediately if you have been charged with this offence.