There are different levels of negligent driving offences that the police may charge a driver. Penalties can range from fines, disqualification periods and imprisonment depending on what type of negligent driving offence you have been charged with.

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    Penalties

    The penalties associated with the offence of Reckless & Negligent Driving vary greatly depending on the severity of the offence. For example, where negligent or reckless driving has caused a minor accident, the penalty may be a fine and the application of demerit points. However, where the result of negligent or reckless driving is grievous bodily harm or death, severe penalties such as gaol terms may be faced. With proper legal representations, these severe penalties can usually be avoided.

    See the table below for an outline of the penalties for the more serious offence of Negligent Driving Occasioning Grievous Bodily Harm:

    Negligent Driving Occasioning GBH (Grievous Bodily Harm)

    PENALTIES FIRST OFFENCE SECOND OR SUBSEQUENT OFFENCE
    Maximum court imposed fine $2,200 $3,300
    Maximum gaol term 9 months 12 months
    Minimum disqualification 12 months 2 years
    Maximum disqualification Unlimited Unlimited
    Disqualification in the absence of a specific court order (automatic period) 3 years 5 years

    Negligent Driving Occasioning Death

    PENALTIES FIRST OFFENCE SECOND OR SUBSEQUENT OFFENCE
    Maximum court imposed fine $3,300 $5,500
    Maximum gaol term 18 months 2 years
    Minimum disqualification 12 months 2 years
    Maximum disqualification Unlimited Unlimited
    Disqualification in the absence of a specific court order (automatic period) 3 years 5 years
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    Defences

    • Duress: forced through actual threats to yourself or people close to you to cause you to offend.
    • Necessity: urgent circumstances that caused you to offend.
    • Mitigating circumstances: external events that led up to or caused the incident.
    • Legal technicalities.

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 1300 885 646 or contact us after hours on 0413 317 391 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

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