Dangerous Driving Lawyer Melbourne

Circumstances where a vehicle rather than motor vehicle is involved.
In circumstances where you were not driving a motor vehicle but rather some other vehicle the offence still applies. The maximum penalty however will be half that of where a motor vehicle is involved and there is no mandatory time of the road. The vehicle will be a motor vehicle, with some exceptions, if it is one that is normally used, or intended to be used on a highway and that is built to be propelled by a motor vehicle (Smith v Transport Accident Commission (2005) 12 VR 277).

Manner of driving.
The manner of driving involves a broad range of activities connected to the control and management of the vehicle. This includes the speed, navigation and communication with other drivers (R v Burnside [1962] 25 VR 96). It will also include considerations of whether the vehicle was in a satisfactory condition to be driven safely. Your knowledge of the condition of the vehicle will be a consideration as to whether you voluntarily drove in a dangerous manner (MacDonald v Slape (1987) 6 MVR 56).

A Serious Breach of the Management or Control of the vehicle
The speed or manner of driving must involve a serious breach of the proper management or control of the vehicle (King v The Queen (2012) 245 CLR 588). It must involve a real, not just speculative danger to members of the public who may have been in the vicinity including for example a passenger (R v Montero (2009) 25 VR 694). There is no need for police to identify a person at danger, a potential road user is enough (R v Smith [1969] Tas SR 159).

The police do not need to prove that you deliberately drove in a dangerous manner. If you were driving badly such that it caused a real danger that will be enough whether you meant to or not, so long as it was voluntary. If however, you were responding to a sudden emergency and failed to take action to avert a collision this may not be dangerous (R v Coventry (1938) 59 CLR 633 and R v Jiminez (1992) 173 CLR 572). The court will always consider the circumstances of your case individually. For example, driving at high speed on an open freeway will be treated differently to driving at the same speed in a built-up residential area. If you had just finished night-shift and were tired this will contribute further to whether it was dangerous.

Your skill as a driver is not relevant. You can not argue that you have specific driving skills to drive at the speed or manner to make it less dangerous for example a Highway Patrol Police officer or Formula 1 driver (R v Jones (1986) 19 A Crim R 236).

Being inattentive will often lead to charges of careless driving rather than dangerous driving however the specific circumstances may justify a change of dangerous driving (Georgiou v The Queen [2022] VSCA 172).

The risk must be beyond that contemplated by ordinary driving. Driving is by its nature a risky activity. The court will consider the extent to which the manner/ speed made a collision more likely and the seriousness of any injury if such a collision were to occur (Pope v Hal (1982) 30 SASR 78)

Vehicle Impoundment
This offence is considered a “relevant offence” for the purpose of impoundment of your vehicle.

Penalty
The offence of dangerous driving of a motor vehicle carries a fine of up to 240 penalty units and 2 years in prison.

Where the vehicle driven is a motor vehicle there is a minimum mandatory period of 6 months licence disqualification. This extends to 12 months if you were driving at 45 km/h or more over the speed limit.