Dangerous Driving

Phil Simpson

Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. Over this time, Phil has appeared for thousands of clients in a wide variety of cases.

Have You Been Charged With Dangerous Driving?

In Victoria, the offence of Dangerous driving is contained in Section 64 of the Road Safety Act 1986. The specific offence is as follows:

Section 64(1) A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.

Section 64(2) A person who contravenes subsection (1) is guilty of an offence and is liable to a fine of not more than 240 penalty units or to imprisonment for a term of not more than 2 years or both and on finding a person guilty of the offence the court must, if the offender holds a driver licence or permit, cancel that licence or permit and must, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time (not being less than 6 months or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months) as the court thinks fit.

Elements of offence

For an offence contrary to section 64(1) the prosecution must prove that:

The offence occurred at the place and time alleged;
The offender was the accused;
The accused drove a motor vehicle;
At a speed or in a manner that was dangerous to the public

It’s important to recognise that the assessment of the speed or the manner of driving is an objective one. Whether the manner of your driving is dangerous isn’t always black and white.

If you have been charged with the offence of Dangerous driving, you should immediately seek advice as to your rights and obligations. Dangerous driving charges are often charged alongside alternative driving offences including careless driving, speeding and hoon offences.

Section 64(3) of the Road Safety Act provides that careless driving is actually a statutory alternative to the offence of Dangerous driving. In other words, if the police don’t succeed in prosecuting a Dangerous driving offence against you, the offence of Careless driving is still open to the Court. So, the right advice will put you in the best possible position to make an informed decision. The aim of the game is to minimise your penalty and maximise your chances of staying on the road.

The vast majority of driving offences in Victoria are dealt with under the Road Safety Act.

Some of the most common offences are:

Driving in a manner or at a speed that is dangerous – Section 64(1)
Careless Driving – Section 65
Improper use of a motor vehicle – Loss of traction – Section 65A
Duty of a driver if an accident occurs -Section 61

Dangerous Driving Charges Melbourne

There are also a range of offences that are contained in the Road Safety Road Rules 2017 which are often charged in addition to Dangerous driving and Careless driving.

These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:

Fail to have proper control of a vehicle (Regulation 297)
Making unnecessary noise or smoke (Regulation 291)
Improper use of motor vehicle (Section 65A Road Safety Act)

It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. As outlined above, this creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only plead guilty to the appropriate charges.

Dangerous & Hoon Driving

Dangerous Driving Barrister Victoria

Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.

Hoon driving doesn’t necessarily result in a loss of licence. However, it is usually the alternative charges that can put you off the road. For example, the charge of Dangerous driving (which is outlined above) has a mandatory licence loss of 6 months. The licence loss can be even higher if the alleged speed is more than 45 km/h above the posted speed limit.

Driving in manner dangerous or driving at a speed that is dangerous can also result in a jail sentence, although this is rare. The outcome will always depend on your driving history and any similar offending in the past.

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Driving offences under the Crimes Act

There is certain driving conduct that may also be charged under the Crimes Act. Examples of these charges are, reckless conduct endangering serious injury (Crimes Act, Section 23) and reckless conduct endangering life (Crimes Act, Section 22). While these offences can relate to a wide range of offending, it’s not uncommon to see drivers charged with these offences in the Magistrates’ Court.

Reckless Conduct

These offences are indictable offences and the penalties are significantly higher than for other driving offences that are heard and determined by a Magistrate. These offences commonly arise out of high speed or inherently dangerous driving activities that put others at risk. These charges will usually be charged alongside Dangerous driving, speeding, careless driving and hoon offences. The Crimes Act offences have different proofs and it’s important to get the right advice before making a decision on how to proceed with these offences. In the context of driving, these offences are often difficult for the police to prove and careful consideration needs to be given to the circumstances in which they are alleged to have been committed. The right advice is critical.

Phil's approach

Phil has a thorough knowledge of the law and is also pragmatic. He is known for his down-to-earth approach. He works hard for his clients and he is determined to get each of his clients the best possible outcomes. Preparation and a clear understanding of your personal circumstances is vital to achieving the best possible Court outcomes.

Phil understands that the Court process can be a very stressful experience – for the person charged as well as their partners, parents and family. Sensitive to this, Phil will always take the time to thoroughly explain to every client the steps that are involved in achieving the best outcome. He will explain the “legal speak” in a way that makes sense. He will meet with you in person and he is also available via text, phone and email to answer any questions that you may have.

Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understand the complexities of both the process and the law.

Where to from here?

In preparation for your Court date, Phil will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. He will also make some suggestions about individuals and agencies who can assist with the preparation of appropriate reports that will help to minimise your penalty. Phil will also make recommendations about suitable and appropriate character references.

A table containing the demerit points for driving related offences can be found in Schedule 3 of the Road Safety (Drivers) Regulations 2019.