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?
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.
