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.
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
- 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.
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