Driving in a Manner Which is Dangerous to the Public
In Victoria, 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.
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 wheelchairs 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 this offence?
The following actions can give rise to a charge of this offence.
- 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 a person 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:
- the person was driving a motor vehicle on a public road or in any area used for driving;
- they were driving in a manner dangerous to the public, having regard to all the circumstances of the case.
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.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
This article was written by Michelle Makela
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
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