Negligent Driving Occasioning Death

If you’ve been charged with negligent driving occasioning death, we are here to help. Our commitment is to provide you with quality legal representation, and ensure you are informed every step of the way.

Can I avoid a criminal record? 

No, avoiding a criminal conviction is unlikely due to the seriousness of this charge.

However, if the level of negligence is low, then it is possible to not have a conviction recorded. As a result, a conditional release order without conviction may be imposed.

It is more likely to avoid a criminal record if you are charged with negligent driving. In other words, there was no death or grievous bodily harm as a result of the incident.

Will I go to jail for Negligent Driving that Occasions Death?

The maximum penalty is 18 months imprisonment. However, if you are charged with a second or subsequent offence, the maximum penalty increases to 2 years.

Therefore, it is possible to go to jail.

However, most offenders will not go to jail. Instead, you could receive a conditional release order, a community corrections order or intensive corrections order.

The sentence imposed will depend on a number of factors, including:

  • The level of negligence
  • Your criminal history
  • Your traffic history
  • Completion of the Traffic Offenders Program
  • Your subjective circumstances

However, the chance of going to jail increases significantly if you are charged with dangerous driving occasioning death. In other words, there was something about the manner of driving that was dangerous. Therefore, it is more serious.

Will I lose my licence?

Yes, you will lose your licence upon conviction. 

The Automatic disqualification period is 3 years. The minimum period is 12 months.

We can help 

We understand that each case is unique. As a result, our lawyers will take time to discuss your matter with you, and build a strategic plan to help you obtain the best possible outcome.

Contact us today on 0421 700 497 for a free initial consultation. 

criminal lawyer discussing with a client about his offense

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