If you’ve been charged with negligent driving, we are here to help you get the best possible outcome.
Can I avoid a criminal record?
Although technically a fine only offence, if convicted of this charge the offence may show up on your criminal record.
However, it is possible to avoid a conviction. As a result, a conditional release order without conviction can be imposed. In addition, you could be found guilty but have the charge dismissed without conviction, and without any condition to be of good behaviour.
Alternatively, a fine can be imposed which will mean a conviction has been recorded.
In deciding your sentence, the court will consider a number of factors, including:
- The level of negligence
- Your criminal history
- Your traffic history
- Completion of the Traffic Offenders Program
- Your subjective circumstances
Will I lose my licence?
This offence does not carry a disqualification period. Therefore, losing your licence is unlikely.
However, it is possible. This is because the Court does have a general power to disqualify you if you are convicted. Nevertheless, the Court rarely exercises its discretion to disqualify someone if the offence does not carry a disqualification period.
Will I go to jail?
No, you cannot go to jail for this offence.
The maximum penalty is a fine of $1,100.
However, if the driving results in death or grievous bodily harm, it is possible to go to jail. These offences will also result in the disqualification of your licence.
We can help
Being charged with a driving offence can feel overwhelming. However, our lawyers are here to help.
We are committed to providing you with quality legal advice and representation. We work with you to prepare a strong case, whether you are defending the charge or pleading guilty.
Contact us today on 0421 700 497 for a free initial consultation.
