Aggravated Dangerous Driving
This offence is found under the Crimes Act, whereas many driving matters are found under the Roads and Traffic Management Act or the Australian Road Rules.
A person is guilty of this offence if at the time of committing this offence any of the following circumstances exist:
- The person is under the influence of alcohol or drugs
- The person is driving at a speed that is dangerous to another person
- The person is driving in a manner that is dangerous to another person
Circumstances of aggravation are held to be more serious by the Police and the Courts. Aggravation is deemed to apply when a person is driving at more then 45 km/h over the speed limit. When a person is driving to escape the pursuit of police. When they are under the influence of alcohol. Or if they are affected by any drug and the person’s ability to drive was significantly impaired.
As it is deemed to be a more serious offence if there are circumstances of aggravation the penalty is 11 years imprisonment. If there are no circumstances of aggravation the penalty is 7 years imprisonment.
Defences to Aggravated Dangerous Driving
There are defences to this offence if it is able to be proven that the impact which caused the grievous bodily harm was not attributable or relevant to the:
- Fact that the person was charged with being under the influence of alcohol or drugs, or
- To the speed that the vehicle was being driven, or
- To the manner in which the vehicle was being driven.
If you are involved in this type of incident where the Police charge you it is important to obtain legal advice as soon as possible from an experienced legal practitioner. At LAC Lawyers we have the experienced staff who have the necessary experience to assist you. Our staff have policing and scientific qualifications coupled with many years of legal expertise and knowledge in this area of the law.
Aggravated Dangerous Driving Articles
Demerit Points Can Now Be Avoided By Making A Court Election
Date: March 17, 2011
Author(s): Jana Whitby B.A., LL.B. (Hons.)
As a result of a recent change of law, individuals charged with traffic offences can now avoid having demerit points imposed by the RTA if the charges are ultimately dismissed by a Court.
MERIT (Magistrates Early Referral into Treatment)
Date: March 17, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
The aim of MERIT is to break the cycle between drugs and crime by involving defendants in treatment and rehabilitation. Under a new trial funding arrangement, MERIT is being trialed at Manly and Wollongong Local Courts for adults with alcohol problems.
Drink Driving - What Happens When You Go To Court
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Check out our step by step guide on the court porcess for drink driving.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Drink Driving Summary
Date: October 21, 2008
Author(s): LAC Lawyers
Everything you need to know about drink driving...
Criminal Law - Traffic Offenders Program
Date: October 21, 2008
Author(s): LAC Lawyers
Some common questions about the Traffic Offenders Program
Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - Serious Traffic and Drink Driving Offences
Date: February 16, 2006
Author(s): LAC Lawyers
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
The Criminal Aftermath of Drink Driving: Penalties and Sentences
Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.