Dangerous Driving

In Victoria there are a number of dangerous driving offences, which are all governed by the Road Safety Act 1986 and the Crimes Act 1958. Under s64 it clearly outlines:

“A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regards to all the circumstances of the case”

What the prosecution must prove?

In order for the police to convict a person for a charge of dangerous driving, they must prove beyond reasonable doubt that:

• The accused was driving a motor vehicle;
• The accused was driving at a speed which is dangerous to the public; and
• The accused was driving in a manner considered dangerous to the public, having regard to all the circumstances of the case.

Possible defences

The possible defences that can be pleaded are:

• The actions were justified, that either it was an emergency and you needed to get an injured person to a hospital, to justify the dangerous speeding; or
• The accused did not act in such a manner as either they weren’t the driver of the motor vehicle at the time of the offence or, they didn’t dangerously speed or act in the manner of the charge; or
• In some cases, the accused was not acting voluntarily and was forced to do so by another person.

Penalties

According to section 64, the penalties that will apply for a Dangerous driving offence are:

• 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
• The court must, if the offender holds a driver licence, cancel that licence or permit for a period of 6 or 12 months depending on the facts of the case.

Where will the matter be heard?

For a charge of dangerous driving, it is a summary offence and will be heard in the Magistrates Court.