Manner dangerous


The Offence Of Drive In A Manner Dangerous To The Public Is Committed By A Person Who Drives A Motor Vehicle On A Public Road In A Manner That Is Considered By The Court As Dangerous To The Public.

In a famous law case of McBride the court described what driving in a manner dangerous means (their words not ours):

“This imports a quality in the speed or manner of driving which either intrinsically in all circumstances, or because of the particular circumstances surrounding the driving, is in a real sense potentially dangerous to a human being or human beings who as a member or as members of the public may be upon or in the vicinity of the roadway on which the driving is taking place. It may be, of course, that potential danger to property on or in the vicinity to that roadway would suffice to make the speed or manner of driving dangerous to the public”

Penalties – Drive In A Manner Dangerous To The Public

Regardless of how bad your traffic record is the court has a discretion whether to record a conviction against you for this offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence, the discretion not to impose a conviction against them.

If the court decides to convict you for the offence, the court must disqualify you from driving for the minimum period set by the law. Similarly if a maximum period is set by law, the court cannot impose a greater period.

The automatic period of disqualification is the period of disqualification that you can expect to receive unless you can show the court reasons why your licence should not be disqualified for this period.

The following penalties apply once the court decides that it intends to record a conviction against you for the offence:

1st Major Traffic Offence – Drive In A Manner Dangerous To The Public

  1. A maximum fine of $2,200.00
    2. 9 months imprisonment
    3. An unlimited maximum disqualification period
    4. A minimum disqualification period of 12 months
    5. An automatic disqualification period of 3 years

2nd Or Subsequent Major Traffic Offence Within 5 Years

  1. A maximum fine of $3,300.00
    2. An unlimited maximum disqualification period
    3. A minimum disqualification period of 2 years
    4. An automatic disqualification period of 5 years

 

WHERE TO NEXT?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

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