If you have driven in a manner that is deemed negligent then you may be charged with negligent driving. An example of this is if you have breached road rules, or caused an accident due to your negligent driving.

If you have driven in a manner that is deemed negligent then you may be charged with negligent driving. An example of this is if you have breached road rules, or caused an accident due to your negligent driving.

There are three different types of Negligent Driving

Negligent Driving: This charge is mostly dealt with by the issue of a traffic infringement notice. Traffic Infringement Notices are usually the result of a minor crash. This infringement notice carries with it three demerit points.

Negligent Driving Occasioning Grievous Bodily Harm: If someone has been injured from an accident that you were involved in then you may be charged with Negligent Driving Occasioning Grievous Bodily Harm. This charge will usually be dealt with by the Court. If found guilty, the maximum penalty for a first time offence of Negligent Driving Causing Grievous Bodily Harm is a fine of $2200.00 or imprisonment for 9 months or both. A criminal conviction will be recorded and an automatic licence disqualification period of 3 years. The Court may reduce the disqualification to the minimum period of 12 months if satisfied. For a second or subsequent offence of Negligent Driving occasioning Grievous Bodily Harm, the maximum penalty is a fine of $3300.00 or imprisonment for 12 months, or both. A criminal conviction will be recorded and an automatic licence disqualification period of 3 years. The Court may reduce the disqualification to the minimum period of 12 months if satisfied.

Negligent Driving Occasioning Death: If someone has died from an accident that you were involved in, then you may be charged with Negligent Driving Occasioning Death. This charge will be dealt with by the Court. A Court Attendance Notice can be issued at the scene of the accident, or months later after the accident.
If found guilty the maximum penalty for a first time offence of dangerous driving causing death is a fine of $3300.00 or imprisonment for 18 months or both. A criminal conviction will be recorded and an automatic licence disqualification period of 3 years. The Court may reduce the disqualification to the minimum period of 12 months if satisfied. For a second or subsequent offence of Dangerous Driving Causing Death the maximum penalty is a fine of $5500.00 or imprisonment for 2 years or both. A criminal conviction will be recorded and an automatic licence disqualification period of 3 years. The Court may reduce the disqualification to the minimum period of 12 months if satisfied.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge Negligent Driving , then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge or magistrate an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

Pleading Not Guilty

If you disagree with the charge Negligent Driving, then you may enter a plea of not guilty. To be found guilty of negligent driving, the prosecution must prove beyond a reasonable doubt that you were driving and that you did not drive to ‘the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances’. In some instances, it may be difficult or impossible for the prosecution to prove that you were at fault in the accident, or whether you were driving negligently. If you are unsure about whether the prosecution will be able to prove the above elements beyond a reasonable doubt, you should consider the possibility of pleading not guilty