Dangerous or Reckless Driving

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Dangerous and reckless driving charges in the ACT are amongst the most serious criminal driving matters short of culpable driving. A conviction attracts mandatory disqualification, can result in imprisonment, and creates a criminal record. Andrew Byrnes Law Group defends dangerous and reckless driving charges in the ACT Magistrates Court and, where the matter results in death or grievous bodily harm, the ACT Supreme Court. Deliberately Different.

Dangerous and reckless driving under ACT law

The principal statute is the Road Transport (Safety and Traffic Management) Act 1999 (ACT). Aggravated forms — driving causing harm — sit in the Crimes Act 1900 (ACT). Common charges include:

• Furious or reckless driving
• Negligent driving (with and without injury)
• Dangerous driving
• Aggravated dangerous driving
• Culpable driving causing death or grievous bodily harm — Crimes Act 1900 (ACT)

Maximum penalties

Penalties depend on the offence and any aggravating features. Dangerous driving without injury can attract substantial fines, mandatory disqualification and imprisonment. Aggravating features — high speed, alcohol or drug presence, pursuit, collision, injury — substantially increase the starting point. Culpable driving causing death attracts up to 14 years imprisonment.

What the prosecution must prove

• The accused was driving a motor vehicle on an ACT road or road-related area
• The manner of driving was dangerous, reckless or negligent as defined
• For aggravated forms: an aggravating feature (speed, BAC, drug presence, collision, harm caused)
• For culpable driving: causation of death or grievous bodily harm

Charged with dangerous or reckless driving in Canberra? Call (02) 6210 1075 before your first court date.

Defences available in the ACT

• Not driving dangerously — challenging the characterisation of the driving
• Identification — was the accused the driver
• Mechanical failure — unforeseeable vehicle defect
• Medical event — unforeseeable seizure, syncope
• Necessity or duress
• Speed evidence challenges — radar/lidar calibration and operator competence
• Causation challenges — for harm-based aggravated forms

Mandatory disqualification

Dangerous driving offences in the ACT attract mandatory minimum licence disqualification under the Road Transport (General) Act 1999 (ACT). The court has discretion within statutory limits but cannot go below the minimum. Where the court makes a section 17 order under the Crimes (Sentencing) Act 2005 (ACT), the disqualification position can change.

Call (02) 6210 1075 to discuss your dangerous driving matter with an ABLG solicitor today.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.