Drive at a speed dangerous to the public
The maximum penalty for the offence of driving at a speed dangerous to the public is 20 penalty units or 9 months imprisonment (first offence) and 30 penalty units or 12 months for a second or subsequent offence.
What the police must prove
In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The driver’s speed exceeded the legal speed limit
- The location of the accused offence was an area likely to have been occupied by people
It will be necessary for the police to prove that the accused was the person who committed the offence.
Possible defences – drive at a speed dangerous to the public
Possible defences to this offence include but are not limited to:
The Law – drive at a speed dangerours to the public
The offence of drive at speed dangerous to the public states:
- A person must not drive a motor vehicle furiously, recklessly, or at a speed or in a way that is dangerous to the public, on a road or road related area.
- In deciding whether an offence has been committed, the court must have regard to all the circumstances of the case, including—
- In considering whether an offence has been committed, the court is to have regard to all the circumstances of the case, including the following:
(a) the nature, condition and use of the road or road related area where the offence is alleged to have been committed; and
(b) the amount of traffic on, or that might reasonably be expected to have been on, the road or road related area.
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.