Skip to content
  • +61 3 8644 7320
  • Email
  • Phone 7am to 12 Midnight - 7 days
  • Make a Booking
  • 中文
  • Locations
  • Contact
Search
Close
  • +61 3 8644 7320
  • Phone 7am to 12am - 7 days
  • 中文
Search
Close
  • 中文
Search
Close
  • +61 3 8644 7320
  • Phone 7am to Midnight - 7 days

Phone Appointments and Video Conferences Available

IMPORTANT COVID-19 COURT NEWS UPDATE

Dribbin & Brown Criminal Lawyers
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact
Menu
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact

s64 Dangerous Driving

DANGEROUS DRIVING

Dangerous driving and road safety more generally is something the courts take very seriously. Road traffic accidents accounted for 263 deaths in Victoria in 2019; it is for this reason; the courts impose significant penalties to try and deter motorists from driving dangerously on the roads.

When you have been charged with dangerous driving or a related offence, you will need assistance from a lawyer who routinely handles such matters. Dribbin & Brown Lawyers have offices located in Frankston, Geelong, Ballarat, Ringwood, Moorabbin, Dandenong, the Melbourne CBD and Werribee and regularly appear at the local courts in these areas, including the County and Supreme Courts in these areas.

This article discussed in great detail, what is dangerous driving?

There is not just one charge for dangerous driving. The term dangerous driving also applies to the following charges, some being more serious than others. The focus of this article will be the first charge being s64 and what amounts to dangerousness.

  • Dangerous driving s64 of the Road Safety Act 1986
  • Dangerous or Negligent Driving While Pursued by Police s319AA of the Crimes Act 1958 and
  • Dangerous Driving Causing Death or Serious Injury s319 of the Crimes Act 1958

s64 DANGEROUS DRIVING

Pursuant to section 64(1) of the Road Safety Act 1964 (Vic) a person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the surrounding circumstances of the particular case.

This is the most common offence that people face in the magistrates court in relation to dangerous driving.

What is the Penalty?

Section 64(2) dictates that a person who drives a motor vehicle at a speed or in a manner dangerous is guilty of an offence and is liable to a fine of up to 240 penalty units (1 penalty unit is equivalent to $165.22) or a term of imprisonment of up to two years, or both.

In relation to licence loss, the magistrate must disqualify someone found guilty of dangerous driving for a period being less not less than six months or, if the vehicle was driven at a speed of 45 kilometres per hour or more than is permitted, not less than 12 months. There is no minimum period. It is important to note that the magistrate can disqualify a person from driving for much longer than the mandatory minimum period. 

For an offence as set out in section 64(1) the prosecution must prove that:

  • the offence occurred at the place and time alleged;
  • that the offender was the accused;
  • the accused drove a motor vehicle;
  • at a speed or in a manner that was dangerous to the public.

Driving any other vehicle, that is not considered a motor vehicle, at a speed that is dangerous to the public, having regard to the surrounding circumstances of the case is an offence under section 64(2A) of the Road Safety Act. The punishment being 120 penalty units or a maximum term of 12 months imprisonment or both.

For an offence as set out in section 64(2A), the prosecution must prove that:

  • the offence occurred at the place and time alleged;
  • that the offender was the accused;
  • the accused drove a vehicle other than a motor vehicle;
  • at a speed or in a manner that was dangerous to the public.

How the court determines dangerousness?

There is an infinite list of factors that the Court can take into account when considering if a matter does, in fact, constitute dangerous driving, including;

  • the condition of the road,
  • the amount of traffic on the road,
  • the danger posed to other road users,
  • the type of road and of course the speed and nature of the driving.

The alleged speed might be relevant in establishing the seriousness of the breach, but it is not determinative. The courts have made comments in relation to the following scenario’s;

  • A driver might travel below the speed limit and being driving dangerously (Mazza v Haime [2000]).
  • In some circumstances a driver might drive above the speed limit, yet not drive dangerously (R v De Montero (2009); Owen v Connellan (1991)).
  • The evaluation of the speed or manner of driving is objective (King v The Queen (2012)).

Any assessment must be made on an objective assessment of the circumstances surrounding the driving. The accused’s belief or intent regarding their driving is immaterial (R v Evans [1963]).

The offender does not need to put other road users at risk at the time of offending. It is an assessment of the facts more generally, and whether the circumstances can be considered to be dangerous.

The expectation is that all road users will drive at a particular standard. For example, if an accused was so fatigued that s/he knew – or should have known – there was a substantial risk of falling asleep and losing control of his or her vehicle (Jiminez v The Queen (1992)) then it is likely to be considered dangerous to be driving at that time.

Ultimately the driving must amount to a severe breach of the management or control of the vehicle. Consequently, potential rather than real danger is sufficient to make out the charge (Kingman v Seager [1938]).

In our experience magistrates always take a conservative view when determining whether driving is dangerous. For this reason, it is important to consider whether negotiations in relation to the lesser charge of careless driving is appropriate. This is an alternative to dangerous driving. Careless driving does not invite a mandatory minimum period of disqualification from driving. It is important to note that per s64(3) of the Road Safety Act 1986, when an an accused is fighting a dangerous driving charge a magistrate can find an accused guilty of careless driving in the alternative, even if the charge is not listed before the courts.

How the law defines certain terms in relation to dangerous driving

When considering the elements it is important to consider how the various terms are defined. The following is a shortlist of useful terms to understand in relation to these charges.

Dangerous: The ordinary English definition of dangerous is an act full of danger, risk or peril. There is an inexhaustible list of matters that may be considered dangerous. This term is not defined in the relevant legislation because not every eventuality can be thought of by lawmakers.

Driving: includes to be in control of a vehicle, as per the ordinary English meaning of the word. There is no exhaustive legal definition, to be “driving” a person must be in a position to control the movement and direction (Tink v Francis [1983]).

Motor vehicle: is a vehicle that is used or intended to be used on a highway, it is not sufficient that the vehicle, at the time of the alleged offence, was in use on a highway (Smith v Transport Accident Commission (2005). It is a vehicle that is built to be propelled by a motor that forms part of the vehicle. For the purposes of the legislation, it does not include a vehicle intended to be used on a railway or tramway; or a motorised wheel-chair capable of a speed of not more than 10 kilometres per hour which is used solely for the conveyance of an injured or disabled person.

Vehicle: transportation that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes bicycles or other pedal-powered vehicles, trailer, tramcar and air-cushion vehicle but does not include railway locomotive or railway rolling stock.

Highway: means road or road-related area.

What To Do Next?

Court is a confusing place, the police will often take a scatter gun approach and lay all charges open to them. This does not mean you should accept all charges, it maybe the case you should accept none.
 

If you have been charged with any offence relating to dangerous driving it is essential to seek legal advice early. Dribbin & Brown Traffic lawyers are experts when it comes to dangerous driving. If you have been charged you should call our office today.

Traffic Charges

Road Safety Act 1986

Drug Driving Offences Melbourne (Article)

Regulation 20 Speeding in School Zone

s18 Unlicensed driving

s30 Driving Disqualified

s30 Driving Suspended

s60 Failing to Nominate the Driver of a Motor Vehicle

s61 Failing in the Duty of Driver etc. of Motor Vehicle if Accident Occurs

s64 Dangerous Driving

s65 Careless Driving

s65A Improper Use of a Motor Vehicle

s84 Motor Vehicle Impoundment / Forfeiture by Police

s85 Appeal Immediate Licence Suspension

Crimes Act 1958

Drug Driving Offences Melbourne (Article)

Regulation 20 Speeding in School Zone

s22 Reckless Conduct Endangering Life or s23 Serious Injury

s318 Culpable Driving Causing Death

s319 Dangerous Driving Causing Death or Serious Injury

s319AA Dangerous or Negligent Driving Whilst Being Pursued by Police

Related Offences

  • View Drink Driving Offences
  • View Drug Driving Offences

Case Studies

Careless Driving Charges Not Guilty

Diversion For Careless Driving

Excessive Speed Matter Withdrawn

Impoundment Exceptional Hardship

Our Legal Services

Appeals

Assault Offences

Asset Confiscation

Bail Application

Breach Offences

Centrelink Fraud

Children’s Court

Computer Offences

Council Charges

Drink Driving

Driving Offences

Drug Offences

Family Violence

Firearm Offences

Fraud Offences

Infringement Warrants

Intervention Orders

Murder Trials

Perjury Charges

Pervert the Course of Justice

Royal Commission

RSPCA Offences

Sex Offences

Theft

Traffic Offences

Violence

Weapons

White Collar Crime

  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

What Our Clients Say

Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Sam B
Thank you for your outstanding service.... A great result for us...
…
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.

Need help? Call our 7am to Midnight Phone Service on +61 (03) 8644 7320

Dribbin & Brown Criminal Solicitors Melbourne

Facebook-f Twitter

© 2021 Dribbin & Brown

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

Facebook-f Twitter

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

7am to Midnight Phone Service: +61 (03) 8644 7320  Contact Us | Book An Appointment

Privacy Policy | Disclaimer | Traffic Lawyers Melbourne

7am to 12am Phone Service: +61 (03) 8644 7320
Contact Us | Book An Appointment
Privacy Policy | Disclaimer | Traffic Lawyers Melbourne