Dangerous Driving
There are three dangerous driving offences in Victoria. The offences are governed by the Road Safety Act 1986 and the Crimes Act 1958. These offences may be finalised in the Magistrates Court or in the County Court, depending on the charge and on the surrounding circumstances. They can result in significant penalties including imprisonment and mandatory disqualification periods.
Driving at Speed
Dangerous driving at speed is committed when a person drives a vehicle at a speed that is dangerous to the public. This offence is punishable by a fine of up to 240 penalty units and/or imprisonment for up to two years. This offence is governed by the Road Safety Act.
Driving in a Manner Dangerous to the Public
Driving in a manner dangerous to the public is committed when a person drives a vehicle in a manner that is dangerous to the public. This offence is punishable by a fine of up to 240 penalty units and/or imprisonment for up to two years.
Dangerous Driving Causing Death
Dangerous driving causing death is an offence under section 319 of the Crimes Act 1899. A person can be found guilty of this offence in relation to a bus, car, motorcycle or truck.
A person found guilty of this offence can be sentenced to up to ten years imprisonment and must be disqualified from driving for two years.
To be found guilty of this offence, it must be proved that the accused’s driving caused the death of a person and that the accused was driving at a speed or in a manner dangerous to the public.
This offence can be finalised in the Magistrates Court if the accused consents to this. If there are other more serious charged to be dealt with as well, it will be dealt with in the County Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
This article was written by Fernanda Dahlstrom
Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.
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