Negligent Driving

In New South Wales, it is an offence to drive negligently. The maximum penalty for this offence is a $1,100 fine. This offence also carries 3 demerit points. 

What is Negligent Driving?

The offence of Negligent Driving is set out in Section 117(1)(c) of the Road Transport Act 2013 (NSW) which states:

1. A person must not drive a motor vehicle on a road negligently.

1. 1. If the driving does not occasion death or grievous bodily harm – 10 penalty units.

The following acts might constitute Negligent Driving:

• Tailgating another vehicle.
• Failing to give way at an intersection.

What must be proven?

For a person to be found guilty of Negligent Driving, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You were driving a motor vehicle;
• You were driving in a negligent manner and your driving was unreasonable by the standard expected of a reasonable driver
• Your actions posed a risk to another driver or person on/near the road.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Negligent Driving

The following defences may be available for a Negligent Driving charge:

• No negligence occurred (e.g. your driving was reasonable under the circumstances at the time)
• Sudden medical emergency
• Necessity 
• Mechanical malfunction
• Duress.

Common Questions about Negligent Driving

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible.

A Court can impose any of the following penalties for a Dangerous Driving Occasioning Death charge:

• Fine
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

Do I have to go to Court?

The Police have the discretion to either issue you with a Penalty Notice or a Court Attendance Notice for a Negligent Driving offence. If the police issue you a Penalty Notice, you can either pay the fine and incur the 3 demerit points or you can Court Elect the matter (if you are a full licence holder) or you can do a Licence Suspension Appeal (learner or provisional licence holder). If the Police issue you a Court Attendance Notice, you are legally required to appear in Court on the date specified. Failure to appear in Court may result in further penalties and a warrant out for your arrest.

To discuss the above options further, please reach out to us at Armstrong Legal.

What factors influence sentencing for this offence?

Whether you entered a plea of guilty at the earliest convenient occasion, the degree of negligence, your prior driving record and criminal history and whether you showed remorse, are some factors which influence sentencing.

Are there other types of Negligent Driving charges?

Yes, there is the lone charge of Negligent Driving, Negligent Driving occasioning Grievous Bodily Harm and Negligent Driving occasioning Death. If you have been charged with any specification of Negligent Driving, please reach out to Armstrong Legal for assistance as these are serious offences. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.