It is a defence to this charge if it is able to be proven that the impact was not attributable to:

1. the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination or drugs, or
2. to the speed at which the vehicle was driven, or
3. to the manner in which the vehicle was driven.

It is important to obtain legal advice at the earliest possible time if you are charged with a serious traffic offence.  This can make an enormous difference in the outcome of the matter and what defences are available.  There is an additional defence if you have evidence to support either of the following:

1. Neccessity
2. Duress

A recent case I was involved where a driver was charged with this offence involved a young man who had left a local hotel. He had only consumed a small amount of alcohol and was not over the limit of 0.05. He got into his utility and commenced to show off in front of friends. Unfortunately a young female had left the hotel intoxicated and decided to lie down on the road. The road had a lane for traffic and another lane where vehicles could park. The female was laying on the road where cars would park. Unfortunately the young male driver drove into the parking lane and not seeing the female ran over her. The female died immediately from the impact. The young man was charged with Dangerous Driving Occasioning Death.

This charge was heard in the District Court. The young man’s case was that he denied driving in a manner which was dangerous to other persons. He claimed that the female should not have been lying on the road and he was not able to see her due to poor lighting. The man admitted that he was driving the vehicle at the time when he hit the female.

In this instance the Court accepted a plea of guilty to a lesser charge of Negligent Driving causing death, this carried a lesser penalty of a maximum of 2 years imprisonment. As the man did not have any prior convictions he received an Intensive Corrections Order.

If you or someone you care about is facing a charge of dangerous driving occasioning death, they need the very best legal representation. Call LAC today for advice on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).