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Dangerous driving charges can result in lengthy disqualification periods and large fines, where you are escaping pursuit it can also include possible prison time. Often the disqualification can cause huge implications on your daily life. If you’re worried about going to prison, losing your licence and having to pay large fines you should seek advice from an experienced dangerous driving lawyer.
Our team will leave no stone unturned in reviewing the evidence against you, exploring possible defences and developing an intelligent legal strategy to ensure you obtain the best possible outcome. Even where you have no reasonable defence your solicitor will be able to assist you through a process of mitigation.
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Learn more about common dangerous driving charges in WA.
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FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged dangerous driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
Dangerous Driving
Road Traffic Act 1974 (WA)
Section 61
“Every person who drives a motor vehicle in a manner that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence (including by speed).”
Elements of the offence
What the Police & Prosecution must prove in court to secure a dangerous driving criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
If we can prove one of these defences together...
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Driving was not dangerous
It is defensible to claim that the manner of driving was not dangerous to the public or any person in the circumstances. Please note however that this would depend on the exact facts and circumstances of the case and requires a Magistrate to exercise subjective discretion as to what is and is not viewed as “dangerous having regard to the circumstances of the case”
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
Necessity
Where the accused had to ‘necessarily’ drive dangerously to prevent some greater harm.
Sudden or Extraordinary Emergency
Circumstances of sudden or extraordinary emergency exist, and driving dangerously is a necessary response to the emergency. The act or omission is a reasonable response to the emergency in the circumstances as the person believes them to be, and there are reasonable grounds for those beliefs.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
What’s taken into account if you’re found guilty...
First offence
For a first offence of Dangerous Driving, the Court can impose a fine of up to $3000.00.
Subsequent offences
For every subsequent offence of Dangerous Driving, there is a fine of up to $6000.00 or a term of imprisonment for up to 9 months; and mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 12 months.
Previous offences of Reckless Driving, Dangerous Driving Causing Death or Grievous Bodily Harm or Bodily Harm will be taken into account as a prior offence for the purpose of this section.
Circumstances of aggravation
If the offence is committed in the circumstance of aggravation that the person was driving the vehicle dangerously to escape pursuit by a police officer, the Court may sentence the offender to a fine up to $36,000.00 or to imprisonment for up to 3 years; and must impose a mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 2 years.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged dangerous driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
The Law
Dangerous Driving
Road Traffic Act 1974 (WA)
Section 61
“Every person who drives a motor vehicle in a manner that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence (including by speed).”
Elements of the offence
What the Police & Prosecution must prove in court to secure a dangerous driving criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
Possible Defences
If we can prove one of these defences together...
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Driving was not dangerous
It is defensible to claim that the manner of driving was not dangerous to the public or any person in the circumstances. Please note however that this would depend on the exact facts and circumstances of the case and requires a Magistrate to exercise subjective discretion as to what is and is not viewed as “dangerous having regard to the circumstances of the case”
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
Necessity
Where the accused had to ‘necessarily’ drive dangerously to prevent some greater harm.
Sudden or Extraordinary Emergency
Circumstances of sudden or extraordinary emergency exist, and driving dangerously is a necessary response to the emergency. The act or omission is a reasonable response to the emergency in the circumstances as the person believes them to be, and there are reasonable grounds for those beliefs.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
Possible Outcomes
What’s taken into account if you’re found guilty...
First offence
For a first offence of Dangerous Driving, the Court can impose a fine of up to $3000.00.
Subsequent offences
For every subsequent offence of Dangerous Driving, there is a fine of up to $6000.00 or a term of imprisonment for up to 9 months; and mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 12 months.
Previous offences of Reckless Driving, Dangerous Driving Causing Death or Grievous Bodily Harm or Bodily Harm will be taken into account as a prior offence for the purpose of this section.
Circumstances of aggravation
If the offence is committed in the circumstance of aggravation that the person was driving the vehicle dangerously to escape pursuit by a police officer, the Court may sentence the offender to a fine up to $36,000.00 or to imprisonment for up to 3 years; and must impose a mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 2 years.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
Get the best possible outcome with our team.
Some recent outcomes are below.
Minimum Penalties – Perth Man
Perth Man walks away with minimum penalties for drink driving offence. A man charged with Driving whilst under the influence of alcohol (in excess of 0.15) walks away with a minimal fine and disqualification from driving.
Repeat Offender Avoids Jail – Perth Man
Midland Man gets the benefit of a further suspended sentence for Driving without Authority. A Midland Man who has come before the Court for No Authority to Drive on numerous occasions, walked away with a further suspended sentence after previously having been granted the benefit of the order by the Court for prior offending.
Charges Downgraded – Perth Man
Young Man charged with Reckless Driving under Hoon legislation has charges downgraded to Careless Driving. The result means the driver no longer faces a period of disqualification of his licence for the offence and his vehicle won’t be crushed.
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