There are different penalties for dangerous or reckless driving, as different acts constitute that. Even prison sentences can be imposed on such serious matters, and penalties can be severe if people get killed or injured due to dangerous driving.
You can be subjected to many punishments for reckless driving, and you can hire traffic lawyers in such cases. In this blog, you will learn some more about reckless driving and the punishments associated with it.
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What Is Dangerous Driving?
As per section 7 of the Road Transport Act, 1999, driving a motor vehicle furiously, recklessly, or at a speed dangerous to the public is considered an offence. Section 7A gives out circumstances of aggravation that can increase the seriousness of the offence of dangerous driving.
Some circumstances of aggravation are:
- Unable to follow with a request or a signal given by the police officer to stop the motor vehicle.
- Driving with a specific or prescribed concentration of alcohol in breath or blood.
- Driving with prescribed drugs in blood or oral fluid.
- Driving under the influence of intoxicating drugs or liquor to the extent that you cannot control the vehicle.
- Driving at a speed that overtakes the speed limit by around 30%.
- Driving in a way that puts the lives of people, animals and other drivers at risk.
- Driving with a person less than 17 years old in the vehicle.
What Are The Penalties?
The maximum penalty for reckless driving in WA is around 100 penalty units ($16,000) or imprisonment for a year. The maximum penalty for an exasperated offence by a first offender where the police were ignored is a fine of 300 penalty units($48,000) or imprisonment for three years.
If the police are ignored, and the driver turns out to be a repeat offender, the penalties can rise up to 500 units ($80,000) or a five years imprisonment. The maximum penalty for other dangerous driving offences can be 200 penalty units ($32,000) or two-year imprisonment.
Automatic licence disqualifications can apply upon conviction for a reckless driving lawyer in Western Australia. First offenders are usually disqualified for at least three months, and the repeat offenders for at least a year. The compulsory and minimum disqualification for any dangerous driving offence is for a year, and there can be longer disqualification periods depending on the court.
An Alternative Verdict
If the court is satisfied that a defendant committed an offence but is not satisfied that it is not an aggravated offence, the court can find the defendant guilty of the offence against section 7 but not guilty of the aggravated offence against section 7A. This can only happen when the defendant is given procedural fairness related to the finding of guilt.
What Needs To Be Proven?
To find an individual guilty of a dangerous driving offence and book them under a reckless driving charge, a court needs to find without a doubt that they:
- Were you driving the vehicle on the road or in an area related to the court
- The manner of their driving was reckless, furious or dangerous to the public
There are many ways that the police can allege that a person was driving dangerously. In certain situations, how a person drives may seem dangerous. For instance, the police might argue that running a red light is highly dangerous.
There are situations where your driving is dangerous or not will, depend on the circumstances related to the incident. To decide whether or not you were riding dangerously, the court needs to take into account the condition, general nature and use of the area. They also need to consider the traffic that would be expected in that area during that time.
What Are Some Defences In A Dangerous Driving Case?
Before hiring reckless driving lawyers in Perth, You need to know about the arguable defences in dangerous driving charges. They are as follows:
When you are arguing duress as a defence to your criminal charge, it means that you admit that you committed the crime but in response to a serious threat against your life or others. This means that you did not commit this act due to your own will but were forced to do so. This is a difficult defence to argue in this case.
This is a defence that is rarely used or argued. But in the case of dangerous driving, it is applicable. For instance, an individual driving at a dangerous speed might be able to defeat the charge against them if they were speeding their vehicle to get a badly injured or ill person to the hospital. You can hire traffic offence lawyers in such cases to provide you with a good defence.
Contact Traffic Lawyers Perth WA
If you are charged with any dangerous driving offence and the penalty is severe, you can take the help of a lawyer to get out of the situation. You can contact Traffic lawyers Perth WA to have access to the best lawyers who can help provide good defence for you in dangerous driving cases.