Driving in a Manner Which is Dangerous to the Public
In Victoria, Dangerous Driving in a Manner which is Dangerous to the Public carries a maximum penalty of 2 years’ imprisonment or a fine of 240 penalty units. If the vehicle was driven at a speed of 45 kilometres per hour or more in excess of the speed limit, the Court must also disqualify the driver for a minimum period of 12 months. If the vehicle was not driven at a speed of 45 kilometres per hour or more in excess of the speed limit, the Court must disqualify the driver for a minimum period of 6 months.
Penalties the Court can impose for this charge:
- Imprisonment (Jail – Full Time)
- Community Corrections Orders
- Adjourned undertaking
The Offence Of Driving In A Manner Which Is Dangeorus To The Public:
The offence of Dangerous Driving in a Manner which is Dangerous to the Public is contained in section 64 of the Road Safety Act 1986 which states: 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 circumstances of the case.
What Constitutes A Motor Vehicle?
A motor vehicle is a vehicle that is used, or intended to be used, on a highway, and that is built to be propelled by a motor that forms part of the vehicle. It does not include, amongst other things, trains, trams and motorised wheel-chairs used solely for the conveyance of an injured or disabled person.
A motorcycle, car, truck or bus would be considered a motor vehicle.
What Actions Might Constitute Dangerous Driving In A Manner Which Is Dangeorus To The Public?
- Driving on a freeway with a speed limit of 110 km/h in a black car with your headlights turned off;
- Driving through a Give Way sign while using a mobile phone;
- Driving on a poorly lit road, during torrential rain, with a poorly maintained vehicle and causing a collision.
What The Police Must Prove:
To find you guilty of Dangerous Driving in a Manner which is Dangerous to the Public, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You were driving;
- A motor vehicle;
- In a manner;
- Which is dangerous to the public, having regard to all the circumstances of the case.
Possible Defences For Driving In A Manner Dangerous To The Public:
Possible defences to a charge of Dangerous Driving at Speed are:
- Justifiable action;
- Factual dispute; and,
Which Court Will Hear Your Matter?
Dangerous Driving in a Manner which is Dangerous to the Public is a summary offence and will be heard in the Magistrates’ Court of Victoria.
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.