Aggravated Dangerous Driving

By Author: Colin Diaz
Total Articles: 4
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This offence is found under the Crimes Act, whereas many driving matters are found under the Roads and Traffic Management Act or the Australian Road Rules.

A person is guilty of this offence if at the time of committing this offence any of the following circumstances exist:

1. The person is under the influence of alcohol or drugs

2. The person is driving at a speed that is dangerous to another person

3. The person is driving in a manner that is dangerous to another person

Circumstances of aggravation are held to be more serious by the Police and the Courts.Aggravation is deemed to apply when a person is driving at more then 45 km/h over the speed limit.When a person is driving to escape the pursuit of police. When they are under the influence of alcohol.Or if they are affected by any drug and the person’s ability to drive was significantly impaired.

As it is deemed to be a more serious offence if there are circumstances of aggravation the penalty is 11 years imprisonment.If there are no circumstances of aggravation the penalty is 7 years imprisonment.

Defences to Aggravated ...
... Dangerous Driving

There are defences to this offence if it is able to be proven that the impact which caused the grievous bodily harm was not attributable or relevant to the:

1. Fact that the person was charged with being under the influence of alcohol or drugs, or

2. To the speed that the vehicle was being driven, or

3. To the manner in which the vehicle was being driven.

If you are involved in this type of incident where the Police charge you it is important to obtain legal advice as soon as possible from an experienced legal practitioner.At LAC Lawyers we have the experienced staff who have the necessary experience to assist you.Our staff have policing and scientific qualifications coupled with many years of legal expertise and knowledge in this area of the law.

When is Dangerous Driving considered "Aggravated"?

Dangerous driving charges can also be classed as "aggravated". This generally increases the maximum penalty that can be imposed. Aggravated dangerous driving charges are charges where

>> the accused tests over the prescribed blood concentration of alcohol,

>> the accused was driving the vehicle at a speed of more than 45 km/h above the speed limit,

>> the accused was driving the vehicle to escape police pursuit, or

>> the accused's ability to drive was substantially impaired by either drugs or alcohol.

Penalties for aggravated dangerous driving often include prison sentences of more than 10 years so it is important to get the very best legal advice. Call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).

If you are interested to know something more about Aggravated Dangerous Driving and Dangerous Driving then please visit our website www.laclawyers.com.au