In the state of NSW, a driver of a vehicle can be found to have been driving in a negligent manner if he or she did not drive with a reasonable manner which a reasonable driver would have driven and this is given many variable factors such as traffic conditions, weather conditions and many other considerations which are considered.
Negligent Driving NOT Occasioning Death or Grievous Bodily Harm.
This type of offence is usually dealt with by way of an infringement notice as well as 3 demerit points. It should be noted that in serious matters such as if there were multiple vehicles involved in a crash etc, the police can choose to initiate proceedings by way of a charge number and charge the person by issuing them with a Court Attendance Notice so that the person attends the Local Court on a future date and their matter can be decided by a Local Court Magistrate.
Negligent driving Occasioning Grievous Bodily Harm.
This is a very serious offence, and it is punishable by up to nine months imprisonment and/or a fine of up to 20 penalty units. It should also be noted that there is an automatic licence disqualification of 3 years upon conviction. This offence is covered by section 117 of the Road Transport Act 2013. It should also be noted that for a second offence, the maximum penalty is 2 years imprisonment and a fine of 50 penalty units.
Negligent Driving Occasioning Death.
This is the most serious offence in negligent driving offence category and for a first offence the maximum penalty is up to 18 months’ imprisonment and or a fine of 30 penalty units. A person who commits this offence a second time will also face a maximum penalty of 50 penalty units (fine) and or 2 years imprisonment!
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 Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 15th February 2023.
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