The offence of dangerous driving is different to other traffic offences because it is treated as a criminal offence.
The term ‘dangerous driving’ is broad and can include many different types of driving behaviour. To determine whether a person’s driving was dangerous, the Court will look at whether the driver operated their vehicle at a speed or in a way that was dangerous to the public.
They will also take into account all the relevant circumstances such as the details of the car, the place they were driving and whether the person had been driving under the influence of alcohol or drugs.
The offence is considered to be much more serious if the driver:
- was adversely affected by an intoxicating substance;
- was excessively speeding or taking part in an unlawful race or speed trial; or
- had a previous conviction for the same offence.