Facing
a negligent driving charge under Section 117 of the Road
Transport Act 2013 (NSW) can be a daunting experience, with potential
consequences ranging from fines and demerit points to licence disqualification
and imprisonment in severe cases. At Nicopoulos
Sabbagh Lawyers, our traffic lawyers in Sydney, NSW, specialise in
defending clients against negligent driving offences, providing expert
legal guidance to achieve the best possible outcomes. Whether you’re
considering pleading not guilty, pleading guilty, or seeking to
avoid a conviction, this comprehensive guide explains what negligent driving
entails, the penalties involved, available defences, and how our criminal
defence lawyers in Sydney can help protect your driving privileges and
future. As a leading criminal law firm in Sydney, we’re committed to
delivering personalised, results-driven legal support.
What is Negligent Driving Under Section 117?
Section
117 of the Road Transport Act 2013 (NSW) defines negligent
driving as operating a vehicle on a road or road-related area without the due
care and attention expected of a reasonable driver. The offence is divided into
three categories based on the outcome:
1. Negligent Driving (No Harm): Driving carelessly
without causing injury or death, such as failing to signal or not keeping a
proper lookout.
2. Negligent Driving Occasioning Grievous Bodily Harm
(GBH): Negligent driving that results in serious physical or psychological
injury to another person, such as broken bones or permanent disability.
3. Negligent Driving Occasioning Death: Negligent
driving that causes the death of another person, a highly serious charge with
significant penalties.
To
secure a conviction, the prosecution must prove beyond reasonable doubt that:
• You were driving a vehicle on a road or road-related area.
• Your driving fell below the
standard of care expected of a reasonable driver.
• For GBH or death charges, your negligent driving directly
caused the harm or fatality.
Examples
of negligent driving include distracted driving (e.g., adjusting the radio),
failing to yield at intersections, or not adapting to road conditions like
rain. Unlike dangerous driving under Section 52A of the Crimes
Act 1900, negligent driving does not require recklessness or excessive
speed, making it a less severe but still impactful offence.
Given
the potential consequences, including a criminal record or licence
disqualification, consulting a negligent driving lawyer in Sydney is
critical to navigate the legal process and minimise penalties.
Penalties for Negligent Driving in NSW
The
penalties for negligent driving vary depending on the offence’s
severity and whether it’s your first offence or a second or
subsequent offence within five years. Here’s a detailed breakdown:
• Negligent Driving (No Harm):
•
Maximum fine: $1,100 (10 penalty units).
•
No imprisonment or automatic licence disqualification, but the court may impose
discretionary disqualification if aggravating factors exist (e.g., repeated
offences or dangerous circumstances).
•
3 demerit points (or 7 during double demerit periods, such as public holidays).
• Negligent Driving Occasioning Grievous Bodily Harm:
•
First Offence:
•
Maximum fine: $2,200 (20 penalty units).
•
Up to 9 months imprisonment.
•
Automatic licence disqualification: 3 years (minimum 12 months).
•
Second or Subsequent Offence:
•
Maximum fine: $3,300 (30 penalty units).
•
Up to 12 months imprisonment.
•
Automatic licence disqualification: 5 years (minimum 2 years).
• Negligent Driving Occasioning Death:
•
First Offence:
•
Maximum fine: $3,300 (30 penalty units).
•
Up to 18 months imprisonment.
•
Automatic licence disqualification: 3 years (minimum 12 months).
•
Second or Subsequent Offence:
•
Maximum fine: $5,500 (50 penalty units).
•
Up to 2 years imprisonment.
•
Automatic licence disqualification: 5 years (minimum 2 years).
Beyond
fines and disqualification, a conviction can lead to a
criminal record, which may affect employment, travel, and insurance
prospects. However, the court has discretion to issue a Section 10 dismissal or
conditional release order under the Crimes (Sentencing
Procedure) Act 1999, allowing you to avoid a conviction, fine, or
disqualification. At Nicopoulos Sabbagh
Lawyers, our traffic lawyers in Sydney have a strong history of
securing these non-conviction outcomes, helping clients preserve their driving
privileges and livelihoods.
Pleading Guilty to a Negligent Driving Charge
Choosing
to plead guilty means accepting responsibility for the offence,
which can be a strategic choice if the evidence against you is compelling or
you wish to demonstrate remorse to the court. Pleading guilty often results in
more lenient penalties and can open opportunities for negotiation. Here’s what
you need to know:
Benefits of Pleading Guilty
1. Sentencing Discount: Entering an early guilty plea
can reduce your penalty by up to 25%, as it shows remorse and saves
court resources. The discount decreases if the plea is entered later in the
process.
2. Charge Negotiation: Our traffic lawyers can
negotiate with prosecutors to downgrade the charge or seek to amend the facts
to better reflect the version of events.
3. Non-Conviction Outcomes: Even after pleading
guilty, you may be eligible for a Section 10 dismissal, which avoids
fines, demerit points, disqualification, or a criminal record. This is
particularly valuable for first-time offenders or minor offences.
4. Faster Resolution: Pleading guilty avoids the
uncertainty, stress, and cost of a defended hearing, allowing you to resolve
the matter quickly.
How We Prepare Sentence Matters (Guilty Pleas)
At Nicopoulos Sabbagh Lawyers, we go beyond
entering a plea by building a robust case for leniency.
Our Sydney
criminal lawyers have extensive experience in Local Courts across NSW,
including Downing Centre, Parramatta, Blacktown, and Burwood,
Bankstown, Sutherland, Waverley and many more Courts in NSW. After
obtaining your instructions, we will prepare written submissions tailored to
your circumstances which can achieve outcomes like a Section 10 dismissal,
a reduced fine, or a shorter disqualification period, subject to your
circumstances.
Pleading Not Guilty to a Negligent Driving Charge
If you
believe you’re innocent or the prosecution’s case has weaknesses, pleading
not guilty may be the best course of action. By pleading not guilty,
your case proceeds to a defended hearing, where the prosecution must
prove every element of the offence beyond reasonable doubt.
Defences to Negligent Driving Charges
Several
defences can lead to an acquittal or the charge being withdrawn. Common
defences include:
1.
Driving Was Not Negligent: This
applies if the driving met the standard of a reasonable driver, considering
factors like road conditions, traffic density, or visibility.
2.
Causation: This
applies for Negligent Driving charges involving GBH or death, your lawyer can
challenge whether your
driving directly caused the harm, such as if another driver’s actions, a
pedestrian’s behaviour, or external factors (e.g., road hazards) were
responsible.
3.
Mechanical Defect:
This applies if a vehicle malfunction, such as faulty brakes or a steering
failure, caused the incident, you may not be held liable.
4.
Mistaken Identity: This
applies if you were not the driver at the time of the alleged offence, your
lawyer can dispute the prosecution’s evidence, such as witness statements or
camera footage.
5.
Duress or Necessity:
This applies if you drove negligently to avoid greater harm (e.g., swerving to
avoid a collision or pedestrian), this could serve as a defence.
6.
Procedural Errors: This
applies only if police failed to follow proper procedures, such as issuing an
incorrect infringement notice or mishandling evidence, we can challenge the
case’s validity.
The Defended Hearing Process
At a
defended hearing, both sides present evidence, and witnesses, such as police
officers, other drivers, or bystanders, may be cross-examined. Our criminal
defence lawyers in Sydney will meticulously review police statements,
crash reports, dashcam or CCTV footage, and witness accounts to identify
inconsistencies or gaps in the prosecution’s case.
If the
court finds you not guilty, the charge is dismissed, and you face no penalties,
demerit points, or criminal record.
Why Choose Nicopoulos Sabbagh Lawyers?
A negligent
driving charge can have far-reaching consequences, from financial
penalties and licence loss to a criminal record that affects your career and
travel prospects. At Nicopoulos Sabbagh
Lawyers, we’re dedicated to delivering exceptional legal representation
tailored to your unique needs. Here’s why clients across Sydney, NSW, trust us:
• Specialised Expertise: Our team has a wealth of
experience defending negligent driving charges, traffic offences,
and criminal law matters in NSW courts, ensuring you receive
informed and strategic advice.
• Client-Centred Approach: We take the time to
understand your circumstances, goals, and concerns, designing a defence
strategy that prioritises your best interests.
• Proven Results: We’ve secured countless CRO no
Conviction orders, Section 10 dismissals, acquittals, and reduced
penalties for clients, helping them avoid convictions and maintain their
licences.
• 24/7 Support: Legal issues can arise at any time,
and our team is available around the clock to provide urgent advice and
reassurance.
Our traffic
lawyers and criminal lawyers in Sydney regularly appear in
courts across NSW, including Downing Centre, Parramatta, Liverpool,
and Burwood, giving us deep insight into local judicial processes and
preferences.
How to Prepare for Your Negligent Driving Case
Early
preparation is essential to achieving a favourable outcome, whether you’re
pleading guilty or not guilty. Here are key steps to take:
1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers for a free
initial consultation to evaluate your case, discuss your options, and
ensure timely action.
2. Gather Evidence: Collect any relevant evidence,
such as dashcam footage, photos of the incident scene, or vehicle maintenance
records, to support your defence.
3. Demonstrate Rehabilitation: Enrol in a Traffic
Offender Intervention Program or complete a driving course.
4. Document Hardship: Provide evidence of how a
conviction, fine, or licence disqualification would impact your employment,
family responsibilities, or mental health, such as letters from employers or
medical professionals.
5. Act Within Deadlines: Respond to infringement
notices or court notices promptly, as delays can limit your options. Our team
can handle filings and correspondence to keep your case on track.
Frequently Asked Questions About Negligent Driving
1.
Will I Lose My Licence for Negligent Driving?
For
negligent driving with no harm, licence disqualification is not automatic but
may be imposed at the court’s discretion. For charges involving GBH or death,
automatic disqualifications range from 3 to 5 years. Our traffic lawyers are
here to help, 24/7.
2. Can I Avoid a Criminal Record?
Yes, a
Section 10 dismissal or conditional release order without
recording of a Conviction can prevent a criminal record, particularly
for first-time offenders or minor offences. Our lawyers can present evidence of
your good character, remorse, and rehabilitation to achieve this outcome.
3. How Long Does a Negligent Driving Case Take?
The
timeline varies depending on whether you plead guilty or not guilty. Guilty
pleas can be resolved in weeks, while defended hearings may take 4–6 months,
depending on court schedules. Our Sydney criminal lawyers will work
to expedite your case where possible.
4. What If I Can’t Afford to Lose My Licence?
We can
highlight significant hardship, such as job loss or inability to care for
dependents, to argue for leniency or a non-conviction order. This is
particularly effective for clients who rely on driving for their livelihood.
5. Can I Appeal a Negligent Driving Conviction or
Disqualification?
Yes,
you can appeal a conviction or disqualification to the District Court within
28 days of the decision. Our driver licence appeal lawyers in
Sydney can guide you through the process, arguing errors in the
original decision or excessive penalties.
The Importance of Acting Quickly
A negligent
driving charge can escalate quickly, especially if it involves GBH or
death, leading to severe penalties that disrupt Ascertainment notices or court
dates. Acting promptly allows you to explore all possible defences, gather
evidence, and meet critical deadlines, such as responding to infringement
notices within 28 days. Delays can limit your options and weaken your
case.
At Nicopoulos Sabbagh Lawyers, we understand the
urgency of traffic offences and offer 24/7 availability to provide
immediate advice. Our first free initial consultation ensures
you get expert guidance without upfront costs, allowing you to make informed
decisions about your case.
Contact Nicopoulos Sabbagh Lawyers Today
A negligent
driving charge under Section 117 of the Road Transport Act 2013 doesn’t
have to define your future. At Nicopoulos
Sabbagh Lawyers, our traffic lawyers in Sydney are committed to
protecting your rights and securing the best outcome, whether that’s an
acquittal, a Section 10 dismissal, or a reduced penalty. With our
expertise in criminal law and traffic law, we’ll provide
leading advocacy and personalised support to defend your driving privileges and
reputation.
Don’t
let a negligent driving charge disrupt your life. Call us today at 02 9793
7016 or 0427 101 499 or visit our website at www.nslaw.net.au to
book a free consultation. Let Nicopoulos
Sabbagh Lawyers, your trusted Sydney criminal law firm, fight for
you with the dedication and skill you deserve
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney
Traffic Lawyers to represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so
be sure to book your first Free Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 25th April 2025.
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