Dangerous driving offesnse are indictable offenses
Dangerous driving can be a result of driving under the influence of alcohol or drugs and may be defined based on the manner of how a person drives a vehicle.
Under the Traffic Law in NSW, there are three ways upon which a person may commit a dangerous driving offense.
Offender Drives in a Manner that is Dangerous to the Public
If a person who after getting drunk is involved in a car accident causing injury or death of another person, he or she may be charged under the first offense of dangerous driving in a manner that is dangerous to the public. Prosecution must prove cause and effect relationship between the accused’s manner of driving and the resulting injury or death.
Offender Drives in a Manner Occasioning Serious Physical Injuries or Grave Bodily Harm to Another Person
When a person whether by will or negligence has injured another person in a vehicular accident, he or she may be charged under this offense. Again, the prosecution must prove that the manner of driving is the proximate cause of the bodily injury.
Offender Drives in Manner that can Lead to the Death of Another Person
Hence, when a car crash has led to the death of the passenger or the death of the other person in another vehicle, the driver may be charged under this offense.
Dangerous Driving Offesnse are Indictable Offenses Dealt with in the District Court
The dangerous driving offenses may be aggravated by certain circumstances. This will entail higher penalties to the person found guilty. For instance, driving under the influence of alcohol or drug, or when the offender has committed the crime with intent and malice.
The penalties for these offenses vary depending on the weight and number of times a person has committed the same offense. A person who is convicted under dangerous driving occasioning grievous bodily harm carries a maximum penalty of 7 years imprisonment to 11 years while dangerous driving occasioning death carries a maximum penalty of 10 years to 14 years, notwithstanding the aggravating circumstances.
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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.