It often comes from a momentary lapse of concentration. Here’s what the charge actually means, what police have to prove, and what the court can do.
This guide covers negligent driving where nobody was seriously injured.
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In NSW, the offence of negligent driving occurs when a person drives a motor vehicle without the level of care and attention that a reasonable and prudent driver would exercise in the same circumstances. It is one of the most common traffic offences and often arises from a momentary lapse of concentration or a failure to abide by road rules, which results in a car accident.
The offence of negligent driving is primarily governed by section 117 of the Road Transport Act 2013 (NSW).
A very common scenario is where police attend a collision and form the view that one of the drivers was at fault due to a failure to exercise sufficient care.
Negligent is not the same as dangerous. Negligent driving involves a failure to exercise reasonable care, often due to inattention. Dangerous driving is a more serious offence, involving driving in a manner that creates a significant and obvious risk to the public.
For you to be found guilty, the prosecution must prove several elements beyond a reasonable doubt. The prosecution has the burden of proving that you were not only the driver of the vehicle but that your driving fell below the standard of care expected of a reasonably prudent driver in the circumstances.
For a basic negligent driving offence where no one is seriously injured, the maximum penalty is a fine of $1,100 and 3 demerit points. While there is no automatic licence disqualification, the court has the discretion to impose one.
A minor negligent driving offence may be dealt with via a traffic infringement notice (a fine). However, police can issue a Court Attendance Notice, which requires you to go to court, where you face a higher maximum fine and the risk of licence disqualification.
If you accept responsibility for the driving offence, pleading guilty at the earliest opportunity can significantly improve your outcome. The court recognises an early plea as a sign of remorse, which can lead to a more lenient penalty and a discount of up to 25% on your sentence.
The goal is to present your case in the most compelling way to persuade the court to grant leniency. That preparation includes:
These steps maximise your chances of receiving a Section 10 dismissal or a Conditional Release Order, meaning you avoid a criminal conviction and keep your licence.
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
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