Dangerous Driving Causing Death

It is an indictable offence to drive a vehicle in a culpably negligent manner, recklessly or at a dangerous speed, where that driving results in a person’s death. This is the most serious driving offence. There is a real possibility you may face imprisonment. We strongly recommend you speak with a lawyer as soon as possible after an accident.

Penalties

• A first offence carries a maximum penalty of 15 years imprisonment and a minimum 10 year license disqualification.
• For an aggravated offence, or a second offence, the maximum penalty is life in prison.

Demerit Point Disqualification

You will lose your driver’s license if you accumulate more than twelve (12) demerit points in three (3) years. The period of disqualification depends on the number of points accumulated during that time.

1. 12-15 points: 3 months
2. 16-20 points: 4 months
3. More than 20 points: 5 months

Careless Driving

A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road. If you are convicted of careless driving, you face imprisonment and will be disqualified from driving for a period of time.

Penalties

The maximum penalty depends on whether or not the offence is aggravated. Aggravating circumstances can include, escaping from police, racing, driving disqualified, drink driving, drug driving, or driving 45km/h over the speed limit. The maximum penalty in these cases is 1 year imprisonment and a 6 month license disqualification. Otherwise, the penalty for a basic offence of careless driving is a $2,500 fine and 3 demerit points.

Dangerous Driving Causing Harm

It is an offence to drive a vehicle in a negligent or reckless manner, or at a speed, or in a manner dangerous to any person, where that driving causes harm to another person. This is a very serious driving offence and carries a very real risk of imprisonment.

Penalties

• If your driving causes serious harm, but there are no aggravating factors, the maximum penalty is 15 years imprisonment.
• For an aggravated offence or second offence, the maximum penalty is life imprisonment. You may also be disqualified from driving for 10 years or more.
• If your driving causes harm, instead of serious harm, and is not aggravated, the maximum penalty is 5 years imprisonment and a driver’s licence disqualification for 1 year.

Drink Driving

A person must not drive a motor vehicle or attempt to put a motor vehicle in motion while there is present in the person’s blood the prescribed concentration of alcohol (0.05 grams or more of alcohol in 100 millilitres of blood). The penalty depends on your level of intoxication, whether it is a subsequent offence and if any aggravating factors exist.

Penalty for First Offence

• For a first offence involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood: maximum fine of $1,100 + 3 month automatic license disqualification.
• For a first offence involving a concentration of alcohol of less than .15 grams, but not less than .08 grams, in 100 millilitres of blood: maximum fine of $1,300 + 6 months automatic license disqualification.
• For a first offence involving a concentration of alcohol of .15 grams or more in 100 millilitres of blood: maximum fine of $1,600 + 12 months automatic license disqualification.

Penalty for Second Offence

• For a second offence involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood: maximum fine of $1,100 + 6 months automatic license disqualification.
• For a second offence involving a concentration of alcohol of less than .15 grams, but not less than .08 grams, in 100 millilitres of blood: maximum fine of $1600 + 1 year automatic license disqualification.
• For a second offence involving a concentration of alcohol of .15 grams or more in 100 millilitres of blood: maximum fine of $2,400 + 3 year automatic license disqualification.

Penalty for Third Offence

• For a third offence involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood: maximum fine of $1,100 + 9  months automatic license disqualification.
• For a third offence involving a concentration of alcohol of less than .15 grams, but not less than .08 grams, in 100 millilitres of blood: maximum fine of $2,200 + 2 year automatic license disqualification.

For a third offence involving a concentration of alcohol of .15 grams or more in 100 millilitres of blood: maximum fine of $2,900 + 3 year automatic license disqualification.

Driving while Suspended/Disaqualified

A person must not drive a motor vehicle on a road while the person’s licence or learner’s permit is suspended or while disqualified in this State or another State or Territory of the Commonwealth from holding or obtaining a licence or learner’s permit. If you are caught driving while suspended, you will face imprisonment. You may be eligible for legal aid for this offence.

Penalties

• For a first offence, the maximum penalty is 12 months imprisonment.
• For a subsequent offence, the maximum penalty is 3 years imprisonment.