Negligent Driving

Section 117(1)(c) is often dealt with by way of a traffic infringement notice, a loss of 3 demerit points and a fine. However, should the matter be unsuccessfully defended in court, the maximum penalty is 10 penalty units ($1,100).

Section 117(2) is a more serious charge than the above basic negligent driving charge. The maximum penalty is 20 penalty units ($2,200) or 9-months imprisonment or both (for a first offence).

For repeat offenders, the maximum penalty is 30 penalty units ($3,300) or 12-months imprisonment or both.

The court also has a discretion to disqualify your license, and may do so if injuries were sustained to another person.

This option is recommended where you accept that:

• you drove a vehicle on the road or a road related area, and
• you failed to take the proper care expected of the ordinary prudent driver in the circumstances.

If all the above criteria cannot be met, we will not be advising you to plead guilty.

What possible outcomes exist when pleading guilty?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a loss of any demerit points
    • a conviction
• Conditional release order “CRO”
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

What factors influence what happens in court?

• Aggravating factors (EG. Other people in the car, speed.)
• Mitigating factors (EG. your personal or factual circumstances.)
• Your criminal history
• Your traffic history
• Whether you have completed the Traffic Offenders Intervention Program

Section 117(3) of the Road Transport Act 2013 provides that the court must consider all of the circumstances below in determining whether an offence has been committed under this section:

1. the nature, condition and use of the road on which the offence is alleged to have been committed,
2. the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,
3. any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).

Possible defences include

• Necessity – you drive in a negligent manner to avoid a greater harm from occurring.
• An intervening event caused the negligence.
• Duress – you were coerced against your will drive negligently.
• It was not your vehicle that was negligent.
• You were not the driver of the vehicle.