Penalties for Dangerous Driving in Victoria

The penalties for a dangerous driving charge in Victoria can vary depending on whether or not it involved a police pursuit, and whether or not anyone was injured or killed as a result of the dangerous driving.

A maximum term of imprisonment of up to 2 years may be imposed for dangerous driving  where there are no injuries or deaths and there was no police pursuit. Where there is a police pursuit, the maximum term of imprisonment becomes 3 years.

If there is a serious injury, the maximum penalty becomes 5 years. Where there is a death caused by the dangerous driving the maximum penalty becomes 10 years.

Can I challenge a dangerous driving charge?

Yes, a dangerous driving charge can be challenged in some circumstances. In Victoria, dangerous driving is an offense under section 64 of the Road Safety Act 1986. To prove dangerous  driving, the prosecution must establish the following elements beyond reasonable doubt:

• The accused person drove a motor vehicle.
• The accused person’s driving was dangerous to the public due to speed or due to manner.
• The accused person’s driving was in a public place.

It is important to note that the prosecution must prove all these elements of the offense beyond a reasonable doubt to secure a conviction for dangerous driving. If any one of these elements is not met, then the charge may be dismissed.

For the other dangerous driving charges that involve a police pursuit, a death or a serious injury, there are other elements that need to proved. If you wish to challenge such charges, you should contact a lawyer immediately.