Your licence to drive represents more than the fact that you passed a test and proved your ability. It also represents an agreement to drive lawfully and safely to avoid accidents and harm. Unfortunately, this duty is not always as simple as it sounds. Emergency situations, adverse weather, and other circumstances can lead to accidents and injuries. What if you face charges of reckless driving in the aftermath?
A lawyer is a helpful ally in a situation where you face charges related to negligent driving and must appear in court. Depending on the facts of the case, there may be a complete defence or mitigating circumstances that individuals can ask the court to consider when pleading guilty to the charges. A reduced penalty in some cases is a favourable outcome.
However, negligent driving cases occasioning grievous bodily harm (GBH) or a fatality are very grave and require close attention and care in light of the severe penalties involved. A first offence involving GBH includes a $2,200 fine, an mandatory year-long licence disqualification, and jail time of up to nine months. If you caused a fatal accident, the prison term increases to 18 months and accompanies the permanent loss of your licence. At Sydney Criminal Defence Lawyers, we bring skills and experience to bear in providing our clients with robust legal representation. Our reckless driving lawyers are ready to help you through this very stressful situation.
Defending against reckless driving charges
Not all cases are severe enough to meet the standard for GBH. Minor accidents and those involving less severe injuries are much more widespread, as are some of the circumstances that can help your case. Let’s consider one such hypothetical scenario where your lawyers could make a strong defence in support of a “not guilty” plea to reckless driving charges.
A driver travels at high speed on a busy road. For some reason, a vehicle further ahead brakes suddenly, putting the driver in danger. Their only option is to act immediately to avoid a collision, swerving into another lane and unfortunately striking another vehicle. The car that created the danger disappears down the road. In this case, your lawyers could argue it was necessary for you to drive recklessly to avoid injury to yourself and others. This “necessity” defence is one of the three primary defences in accident cases. Duress is another, as is the defence of demonstrating a mechanical fault in the vehicle. A Sydney reckless driving lawyer can assist you in determining if there were elements of these categories involved in your accident.
Speak to a reckless driving lawyer about your case
In the events leading up to a reckless driving charge, do you believe that circumstances forced your hand, causing you to drive in an unsafe manner? The courts may not always see things your way. To evaluate whether you have a strong case and to explore what it means to plead not guilty to these charges, contact a reckless driving lawyer in our Sydney office as soon as possible. Bring us the information about your case, and we will sit together to discuss everything you should know about the legal choices you face. Call our offices on 1300 885 646 to receive prompt assistance.