When you are charged with dangerous driving, one of your first thoughts is bound to be, how will this be defended?
Experienced defence lawyers will have a better understanding of this, and based on your case, can create a defence that helps to clear your name or reduce your charges. Common defences will include citing a lack of dangerousness or finding faults that were beyond your control, clearing you of any responsibility. Today, let us show you the possible defences your lawyer might use when you are charged with dangerous driving.
What are dangerous driving charges?
Dangerous driving is defined in Queensland as operating or interfering with the operation of a motor vehicle at a speed or in a way that is dangerous to the public. When being charged with dangerous driving, a court needs to consider a variety of circumstances, including:
• Any alcohol or drugs in the driver's system
• The condition of the vehicle
• The nature, condition, and use of the location
• The number of people or objects present or reasonably expected to be present
Dangerous driving is not just about driving too fast, but how the driving can put the public at risk. This is assessed based on where you are, if you have consumed drugs or alcohol and how busy it is. Even if you did not intend to cause harm, diving dangerously is risky to the public and can be charged as a criminal offence.
What possible defences can be used for dangerous driving charges in QLD?
The defence your lawyer uses when you are charged with dangerous driving will vary depending on the specific nature of your case. However, there are three common defences that can be used, including a lack of dangerousness and vehicle faults. Your defence lawyer will need to establish the chain of events and look at all the evidence to create the right defence for you. We have detailed these possible defences below:
Lack of dangerousness
Depending on the case, your lawyer might downgrade the charges to a lesser offence if there is no evidence of dangerous driving. When an accident occurs as a result of driving, the prosecutor will need to prove beyond a reasonable doubt that the vehicle was used in a dangerous operation posing a real danger to the public. If the driver made a simple, careless mistake causing death or grievous bodily harm, a lesser offence might be argued for by your lawyer, coming with a reduced prison sentence of 1 year imprisonment.
Vehicle faults or other external factors
If your vehicle experienced a sudden mechanical failure, like your brakes failing, and you didn't know about the issue beforehand, your lawyer might use this as a defence. You will need to prove that your car was maintained to the correct specifications and that you did not drive dangerously. The act of the car failing wasn't due to your driving but a mechanical fault, which can allow your lawyer to reduce or clear your charges.
Any other external factors that could be responsible for the dangerous driving, rather than your ability behind the wheel, can also be used to help with your charges.
Challenging eyewitness testimony or police evidence
Challenging the reliability or accuracy of witnesses and police evidence can help dismiss or reduce your charges. The ability of your lawyer to use this defence depends on your circumstances, with unclear CCTV footage, conflicting witness statements, or other unclear evidence that can be used to argue that you were not driving dangerously. For this defence to be used, make sure your lawyer has access to all of the relevant evidence.
What are the penalties for driving dangerously?
Being charged with driving dangerously, causing death or grievous bodily harm, comes with a few penalties depending on your previous convictions and the severity of the incident. You can face up to 14 years imprisonment and a license disqualification of at least one year. The length of your disqualification will rise in line with aggravating factors in the case, which can include:
• Driving under the influence
• Excessive speeding
• Ending police
• Knowingly leaving an injured or deceased person
• Posting the offence online
• Street racing
Any of these factors can push the offence into a higher category, and the penalties can increase to up to 20 years of imprisonment.
Find your dangerous driving lawyer in QLD today
A driving dangerous charge can come with a lengthy ban or prison sentence, so it is essential that you find the right lawyer to help you with your case. Expert lawyers at Drink Driving Lawyers can help to review all of the information in your case and build a strong defence to help dismiss or reduce any dangerous driving charges. Contact them for help with your dangerous driving charges QLD today.
