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(02) 9728 3366

1300 733 039

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Negligent Driving

A charge of negligent driving is usually made by the police in circumstances where there has been a motor vehicle accident. Negligent driving can refer to where a driver was not exercising the degree of care and attention which a reasonable and prudent driver would exercise in the circumstances for example not paying attention to the road or not complying with the rules of the road, and therefore causing an accident.

The maximum penalty for negligent driving not causing death or grievous bodily harm is a fine for the sum of $1,100 or a disqualification period of 12 months.

Where negligent driving has resulted in grievous bodily harm being caused, there are a number of penalties that can be imposed, namely:

Penalty First offence Second or subsequent
offence within 5 years
Maximum court imposed fine $2,200 $3,300
Maximum prison sentence 9 months 12 months
Minimum disqualification period 12 months 2 years
Maximum disqualification period Unlimited Unlimited
Disqualification in the absence of a court order 3 years 5 years

Where negligent driving has resulted in death being caused, there are a number of penalties that can be imposed, namely:

Penalty First offence Second or subsequent
offence within 5 years
Maximum court imposed fine $3,300 $5,300
Maximum prison sentence 18 months 2 years
Minimum disqualification period 12 months 2 years
Maximum disqualification period Unlimited Unlimited
Disqualification in the absence of a court order 3 years 5 years

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  • Level 1, 113-115 The Crescent
    Fairfield NSW 2165
  • Suite 416/49 Queens Road
    Five Dock NSW 2046
  • (02) 9728 3366
  • (02) 9724 4178
  • 1300 733 039
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