Driving & Traffic
10. Dangerous Driving
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- Dangerous driving offences are the most serious driving and traffic offences. They arise when someone has been seriously injured or killed as a result of a collision and the driver of the vehicle responsible was:
- under the influence of alcohol or drugs;
- speeding; or
- driving in a manner dangerous to others.
- Examples of what is considered dangerous include:
- using a mobile phone prior to or at the time of the collision; and
- driving whilst fatigued or falling asleep at the steering wheel.
- Aggravated dangerous driving is the most serious of these offences. It arises when someone has been seriously injured or killed as a result of a collision and the driver of the vehicle responsible:
- had a blood alcohol concentration over .05;
- was driving more than 45 kilometres per hour above the speed limit;
- was driving the vehicle to escape pursuit by police; or
- was substantially affected by drugs.
- The penalties for these offences usually include a term of imprisonment.
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