Dangerous driving is a serious charge. It carries imprisonment as a maximum penalty. Moreover, on conviction the court must cancel your licence and disqualify you. In other words, your licence goes by operation of law, not at the court’s discretion. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria, on fixed fees.
At a Glance
| Offence | Dangerous driving |
|---|---|
| Law | Section 64, Road Safety Act 1986 |
| Maximum penalty | 240 penalty units or 2 years’ imprisonment, or both |
| Licence loss | Mandatory cancellation plus minimum six-month disqualification |
| 45 km/h or more over the limit | Minimum 12-month disqualification |
| Alternative verdict | Careless driving, which carries no mandatory licence loss |
| Court | Magistrates’ Court |
The Offence (Section 64)
Section 64 of the Road Safety Act 1986 prohibits dangerous driving. Specifically, you must not drive at a speed, or in a manner, dangerous to the public. The court weighs all the circumstances. Moreover, the test is objective. It asks what danger your driving created. Road, traffic, weather and visibility all count.
In practice, police lay this charge for excessive speed, street racing, aggressive or erratic driving, and dangerous overtaking. Pursuits also feature. In short, it covers driving that creates serious risk to other road users.
Penalties and Mandatory Licence Loss
The maximum penalty is 240 penalty units or 2 years’ imprisonment, or both. In addition, on a finding of guilt the court must:
- cancel any driver licence or learner permit you hold; and
- disqualify you for a period it thinks fit. However, the minimum is six months.
Furthermore, if you drove at 45 km/h or more above the limit, that minimum rises to 12 months. Meanwhile, for a vehicle other than a motor vehicle, the maximum drops to 120 penalty units or 12 months’ imprisonment.
Crucially, these consequences are mandatory. The court cannot go below them. Therefore the decisive work usually happens earlier. We test whether the charge stands, and whether a lesser charge fits the facts.
The Alternative Verdict
Section 64 gives the court another option. If dangerous driving fails, it may convict of careless driving instead. This matters enormously. After all, careless driving carries a fine and no mandatory licence loss. Consequently, showing that your driving was careless rather than dangerous often becomes the central objective.
Where Death or Serious Injury Results
A far more serious offence then applies under the Crimes Act 1958. It carries up to 10 years’ imprisonment. For detail, see our page on culpable and dangerous driving causing death.
Defending the Charge
- The driving was not dangerous. The court assesses this objectively, on all the circumstances.
- Reduction to careless driving. This statutory alternative avoids mandatory licence loss.
- Disputing the evidence. For example, we challenge speed readings and how police measured them.
- Sudden emergency or mechanical failure.
- Identification. That is, who was actually driving.
- Mitigation. On a plea, we work to keep the disqualification near the statutory minimum.
Because the licence consequences are mandatory, get advice before your first court date. Contact us to discuss your charge. See also our driving offences page.
Frequently Asked Questions
Will I definitely lose my licence for dangerous driving?
If the court finds you guilty, yes. Section 64 requires it to cancel your licence and disqualify you for at least six months. Furthermore, that minimum rises to 12 months if you drove 45 km/h or more over the limit. The court cannot go below those minimums.
What is the maximum penalty for dangerous driving in Victoria?
240 penalty units or 2 years’ imprisonment, or both, under section 64 of the Road Safety Act 1986. In addition, mandatory licence cancellation and disqualification apply. Meanwhile, for a vehicle other than a motor vehicle, the maximum is 120 penalty units or 12 months.
Can a dangerous driving charge drop to careless driving?
Yes, and this often becomes the key objective. Section 64 lets the court convict of careless driving if dangerous driving fails. Alternatively, police may agree to proceed on the lesser charge. Importantly, careless driving carries a fine and no mandatory licence loss.
What makes driving dangerous rather than careless?
The test asks whether your speed or manner of driving was dangerous to the public. The court assesses this objectively against all the circumstances, including road, traffic, weather and visibility. In short, it focuses on the danger created. That sets a higher threshold than simply falling below the standard of a reasonable driver.
Is this the same as dangerous driving causing death?
No. Section 64 applies where nobody dies or suffers serious injury. However, where driving causes death or serious injury, a separate and far more serious offence under the Crimes Act 1958 applies, carrying up to 10 years’ imprisonment.
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