Charged with Dangerous Driving, Dangerous Driving Causing Death, Dangerous Driving Causing Serious Injury or Culpable Driving Causing Death?
Dangerous Driving – the Prosecution must prove beyond reasonable doubt that you drove in a manner or at a speed that was dangerous to the public in all the circumstances.
Dangerous Driving Causing Death or Serious Injury – the Prosecution must prove the same as for Dangerous Driving but also that the driving in question caused a death or serious injury.
Culpable Driving Causing Death – the Prosecution must prove that a person died; that the person’s death was brought about by your driving of a motor vehicle; and that such driving was culpable in that it was:
- Reckless or
- Negligent or
- You were under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the motor vehicle.
What does “Dangerous Driving” Mean?
Dangerous Driving is driving that is potentially dangerous to a person who as a member of the public may be on or in the vicinity of the road on which the driving is taking place.
When you are facing dangerous driving charges, it is common to also be charged with other offences in the Crimes Act 1958 (Vic), which are not specifically driving offences, such as:
- Causing Injury Intentionally or Recklessly
- Causing Serious Injury Recklessly
- Conduct Endangering Life
- Conduct Endangering a Person
- Negligently Causing Serious Injury
If you are charged with dangerous driving causing serious injury or death, or culpable driving causing death, there is a strong chance you will be sent to prison if you are found guilty. If you are facing such charges, you should consult an expert criminal lawyer at an early stage to give yourself the best chance of acquittal or a favourable sentence if pleading guilty.
Dangerous Driving - If you have a serious driving offences on your record, or you are facing multiple charges, there is a chance you could be sent to prison for dangerous driving. However, a Fine is by far the most common outcome and a Community Corrections Order is also more likely than prison in most cases. Keep in mind that you will also lose your licence.
The length of any prison sentence; the terms of your Community Corrections Order; the amount of a fine you receive; and how long you lose your licence for - are all influenced by the facts of your case, your personal circumstances, and the quality of the plea made on your behalf.