Negligent Driving Occasioning Grievous Bodily Harm or Death

Our criminal lawyers have a proven track record of beating Negligent driving charges including Negligent driving occasioning grievous bodily harm or death. These charges can often be defended by arguing that the driving was not negligent. Especially where it is only your word verses another person’s word, or that the injury did not amount to grievous bodily harm. 

Our criminal lawyers are experts in all the defences to Negligent driving. If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in having no conviction recorded for Negligent driving charges. 

We fight for you if you are charged with Negligent driving because we know how unfair it is losing your employment because the court takes your licence away. We know that having a licence to travel to and from work means there is enough time to kiss your kids’ goodbye in the morning and tuck them in before bed. We believe that prison is always last resort. 

How do I beat a negligent driving charge?

You will be found not guilty of the offence of Negligent driving occasioning grievous bodily harm or death if the police cannot prove beyond reasonable doubt:

  1. You drove negligently;
  2. On a road or road related area; and (for offences occasioning serious injury only)
  3. By reason of your negligent driving grievous bodily harm (really serious harm) or death was occasioned to another.

Negligent driving is established where it is proved beyond reasonable doubt that you drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.

Pleading guilty

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on sentence, and it will demonstrate remorse and contrition. It may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.

Where the charge is Negligent driving where no grievous bodily harm or death is caused, the maximum penalty a court can impose is $1,100.00. There is no disqualification but there is a loss of demerit points. 

For offences of Negligent driving involving grievous bodily harm or death, you will be disqualified unless the court decides to deal with the matter pursuant to section 10, in which case you will not be disqualified from driving. 

You can read about all the sentencing options that a court has, including having no conviction recorded.

The maximum penalty for the offence of Negligent driving causing grievous bodily harm is a fine of $2200.00 or imprisonment for 9 months or both (for a first offence). The mandatory period of disqualification is 12 months.

For a second or subsequent major offence, the maximum penalty is a fine of $3300.00 or imprisonment for 12 months, or both. The mandatory period of disqualification is 12 months.

The maximum penalty for the offence of negligent driving causing death is a fine of $3300.00 or imprisonment for 18 months or both (for a first offence). The minimum period of disqualification is 12 months.

For a second or subsequent major offence the maximum penalty is a fine of $5500.00 or imprisonment for two years or both. The minimum period of disqualification is two years.

What will my traffic lawyer do to prepare my case?

To prepare your case to the highest standard and speak on your behalf, evidence supporting submissions on the above factors are usually supplied to your traffic lawyer and then tendered to the court. Examples of evidence that may assist in an Appeal includes:

  • Certificate of completion of the Traffic Offenders Program.
  • References from employers, family members and health professionals stating why you have a need for a driver’s licence e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
  • Employment contracts stating that having a driver’s licence is a condition of employment.
  • Medical documentation about any medical conditions you or members of your family have.
  • Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
  • A letter of apology or affidavit stating what happened.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.

Why choose Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best outcome possible for Negligent driving offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it, and freedom or jail. To read more about Australian Criminal Law Group, click here.

To discuss your Negligent driving charge, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.

Case Study

Mr Correy represented a man charged with Dangerous driving occasioning death. He had been driving a car under the influence of alcohol when a passenger and his best friend began to car surf on the roof of the car. Tragically his friend fell to his death. In front of a judge the tragic circumstances of the case were put forward. The mother of his deceased friend gave evidence of her forgiveness and love of our client. At the end of the emotional sentencing proceedings the judge did not send our client to jail and instead gave him an Intensive Correction Order instead. 

Case Study

Mr Correy was lawyer at Mount Druitt Local Court for an 18-year-old charged with Driving in a dangerous manner and Drive whilst disqualified. It was his fourth Drive whilst disqualified offence and the driving involved nearly running over a group of friends in a drag race. Mr Correy tendered a psychological report and made a section 32 application. He argued the 18-year-old had a history of depression that had been treated following his prior incident of offending. Mr Correy further argued that there had been a relapse in his mental condition following a tragic accident involving a family member. The Magistrate agreed there was a causal link between the offending and the depression. He dismissed the charge pursuant to section 32 and the 18-year-old was able to keep his licence.

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