Negligent Driving Levels |
Posted: March 16, 2017 |
The Road Traffic Act describes the negligent driving offenses. There are three levels of negligent driving NSW offenses that the police may charge a driver with, they are:
Penalties relating to such negligent driving can range from imprisonment, fines and disqualification periods on a driver’s license. Penalties are dependent on the type of negligent driving offense the driver has been charged with. It further takes into consideration the degree of negligence of the driver and the type or extent of injuries sustained as a result of the negligence. 1. Negligent driving not occasioning grievous bodily harm or death – this is the least serious negligent driving levels and is also simply referred to as negligent driving. A negligent driving offence can stem from the allegation by the police that a driver is at fault for a motor car accident. Thus this offence can result from a traffic infringement notice. The driver in receipt of the traffic infringement notice receives three demerit points on his or her license. 2. Negligent driving occasioning grievous bodily harm – this offence may occur if a driver is involved in a car accident that results in another party to the accident being injured. The driver is said to be negligent and as a result of this negligence the grievous bodily harm occurred to another person. In NSW, grievous bodily harm means an extremely serious or severe injury. The degree or seriousness of the injury determines if it is grievous bodily harm. Therefore, where a person sustains a bruise, cut or scrap this does not amount to grievous bodily harm. However, a broken leg or arm is considered to be grievous bodily harm. Thus the test of law is the severity of the injuries sustained. -The penalty of this level of negligent driving offence is severe and includes possible imprisonment. Even where it is the driver’s first offence it is likely that he or she will receive a criminal conviction. Upon conviction a license disqualification is mandatory. Some penalties include:
3. Negligent driving occasioning or causing death – a car accident that results in death is an extremely serious matter. The court will seriously consider some form of imprisonment as a penalty upon conviction. The court takes into consideration the degree of negligence of the driver. As a result of the seriousness of this offence it is imperative to seek legal advice and representation if charged. For representation on negligent driving and speeding offences in NSW find a law firm of professionals.
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