Traffic Lawyers for Negligent Driving Offences

Facing a Negligent Driving Charge? We’re Here to Help

Negligent driving offences can lead to severe penalties, including licence disqualification, fines, and even imprisonment. Whether the charge involves minor negligence or serious consequences like grievous bodily harm or death, the impact on your life can be significant.

At Faraj Defence Lawyers, we specialise in defending negligent driving charges in Sydney and throughout NSW. With our expertise, we can guide you through the legal process, challenge the evidence, and develop a strategy tailored to your case.
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Get in Touch for Immediate Assistance

If you or someone you know is facing a Negligent Driving charge, act quickly to ensure the best possible outcome. Contact Faraj Defence Lawyers today for a free and confidential consultation at our Parramatta office.

Call: (02) 8896 6034 | Email: af@farajdefencelawyers.com.au

Why Choose Faraj Defence Lawyers for Your Negligent Driving Case

When you work with Faraj Defence Lawyers, you’re choosing a team committed to achieving the best outcome for your case. Here’s what sets us apart:

• Expertise in Traffic Law: Our team has successfully defended numerous clients against negligent driving charges, including those involving grievous bodily harm or death.
• Tailored Defence Strategies: We develop strategies customised to your case, whether that involves challenging evidence, negotiating reduced penalties, or advocating for your innocence in court.
• Client-Focused Representation: We prioritise your needs, offering clear communication, compassionate support, and professional guidance throughout the process.

What Is Negligent Driving?

Negligent driving occurs when a driver fails to exercise the level of care and attention expected of a reasonable person, resulting in harm or potential harm to others. While less severe than dangerous or reckless driving, it is still treated as a serious offence under NSW law.

Examples of Negligent Driving:

• Driving while distracted, such as texting or using a mobile phone.
• Failing to give way and causing a collision.
• Ignoring road conditions, such as wet or icy surfaces.
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Negligent Driving vs. Dangerous Driving

Negligent driving involves carelessness or inattention, while dangerous driving typically involves deliberate or reckless disregard for safety. For example:

• Negligent Driving: A driver causes a minor accident while distracted by their phone.
• Dangerous Driving: A driver speeds through a red light, endangering pedestrians and other drivers.

Types of Negligent Driving Offences and Penalties

Negligent Driving

Negligent driving, defined under Section 117(1)(c) of the Road Transport Act 2013, refers to failing to meet the standard of care expected of a reasonable driver. This charge applies when a driver’s carelessness does not result in significant injury or harm.

Penalties:

• $481 fine and 3 demerit points (infringement notice)

• Up to $1,100 fine and licence disqualification (if dealt with in court)
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Negligent Driving Occasioning Grievous Bodily Harm (GBH)

Negligent driving that causes serious injuries, such as permanent disfigurement or life-altering harm, is classified as occasioning grievous bodily harm.

Penalties:

• First Offence: $2,200 fine, 9 months imprisonment, and 3 years automatic disqualification (minimum 12 months)

• Subsequent Offences: $3,300 fine, 12 months imprisonment, and 5 years automatic disqualification (minimum 2 years)
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Negligent Driving Occasioning Death

When negligence results in the death of another person, it is treated as negligent driving occasioning death.

Penalties:

• First Offence: $3,300 fine, up to 18 months imprisonment, and 3 years automatic disqualification (minimum 12 months)

• Subsequent Offences: $5,500 fine, up to 2 years imprisonment, and 5 years automatic disqualification (minimum 2 years)
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Police Pursuit (Skye’s Law)

Police pursuits, commonly referred to as offences under Skye’s Law, occur when a driver fails to stop their vehicle when directed by police and attempts to evade capture. This is treated as a separate and serious offence under NSW law.

Penalties for Police Pursuit:

• First Offence: Up to 3 years imprisonment and licence disqualification

• Subsequent Offences: Up to 5 years imprisonment

Police pursuits often involve additional charges, such as dangerous or reckless driving, which can further increase penalties.

These charges carry heavy penalties, and prosecutors often push for severe sentences. Faraj Defence Lawyers has extensive experience defending police pursuit cases and can help reduce penalties or have charges dismissed altogether.

The Court Process for Negligent Driving Cases

When facing negligent driving charges, the court process typically involves:

• Charge and Summons: You’ll receive a Court Attendance Notice outlining the charges and your court date.
• First Court Appearance: You’ll enter a plea of guilty or not guilty.
• Hearing or Trial: If pleading not guilty, the case proceeds to a hearing where both sides present evidence.
• Sentencing: If found guilty, the court will determine your penalty.

WHAT THE PROSECUTION NEED TO PROVE

The prosecution must prove beyond a reasonable doubt that:

• You were driving a vehicle.
• Your driving was negligent.
• Your negligence caused harm or death (if applicable).

Sentencing Options for Negligent Driving Offences

Sentencing varies based on the severity of the offence and any mitigating factors. Possible outcomes include:

• Fines: Monetary penalties proportionate to the offence

• Licence Disqualification: Temporary or permanent loss of driving privileges

• Good Behaviour Bonds: For less severe cases, the court may impose a bond instead of harsher penalties

• Imprisonment: For serious offences, especially those involving grievous bodily harm or death

Mitigating factors, such as a clean driving record or demonstrated remorse, can influence sentencing outcomes.

Defending Negligent Driving Charges

We are experts in defending negligent driving cases. Common defence strategies include:

• Challenging Evidence: Disputing claims of negligence or causation
• Procedural Errors: Highlighting mistakes made during the investigation or prosecution
• Mitigating Circumstances: Arguing that unforeseen events, such as a medical emergency or mechanical failure, contributed to the incident

Our team will work tirelessly to protect your rights and minimise the impact of the charges on your life.

Book a Free Consultation with Sydney’s Negligent Driving Experts

If you’re facing a negligent driving charge, don’t leave your future to chance. Contact Faraj Defence Lawyers today for expert legal advice and representation.

Call us today at (02) 8896 6034 or email af@farajdefencelawyers.com.au to schedule your free consultation.