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Negligent Driving

Expert Driving Defence Lawyers in Sydney and The Hills District

Negligent driving is defined as driving without the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. In New South Wales, this charge covers a broad range of incidents, from a minor “fender bender” to serious accidents involving significant injury or loss of life. Because the definition of negligence is subjective, having an expert lawyer to argue the specific facts of your case is essential.

At Hughes Law, we provide a robust defence for all negligent driving allegations. Principal Belinda Hughes is the former Head of Prosecutions for Transport for NSW (TfNSW). Her unique experience leading the state’s transport prosecutors allows our firm to identify the weaknesses in the police case and effectively challenge whether your conduct truly met the legal threshold for negligence.

Types of Negligent Driving Charges

The penalties for negligent driving escalate based on the harm caused to others. We provide specialist representation for all categories:

  • Negligent Driving (No Death or GBH): Usually involves a minor accident or a lapse in attention. While often dealt with by a fine and demerit points, taking the matter to court can prevent a conviction and a spike in insurance premiums.
  • Negligent Driving Occasioning Grievous Bodily Harm (GBH): A serious criminal charge involving permanent or serious physical injury to another person. This carries a maximum penalty of 9 months imprisonment for a first offence.
  • Negligent Driving Occasioning Death: The most serious category, carrying a maximum penalty of 18 months imprisonment and significant licence disqualification periods.

Strategic Defence Against Negligence

A charge of negligent driving is not an automatic conviction. There are several legal avenues we explore to protect your record:

  • Challenging the Standard of Care: We argue that your actions were those of a “reasonable driver” faced with the same sudden emergency, road conditions or mechanical failure.
  • Causation and External Factors: We investigate whether the accident was actually caused by poor road signage, weather conditions, a medical episode or the negligence of another driver.
  • Honest and Reasonable Mistake: If the incident occurred due to a genuine and reasonable mistake of fact, you may have a complete legal defence to the charge.
  • Negotiating the Police Facts: We often successfully negotiate with the police to have a “GBH” charge downgraded to a lower category of negligence by challenging the medical evidence provided by the prosecution.

Protecting Your Licence and Your Criminal Record

A conviction for negligent driving, especially one involving injury, can lead to an automatic loss of your driver licence and a permanent criminal record. Our primary objective is often to secure a Non-Conviction Order.

What a Non-Conviction means for you:

  • No Criminal Record: The court finds you guilty but chooses not to record a formal conviction against your name. This is vital for maintaining employment and travel rights.
  • Keep Your Licence: If no conviction is recorded, the mandatory licence disqualification does not apply, allowing you to stay on the road.
  • Professional Reputation: For those in the transport or corporate sectors, a non-conviction protects your standing with professional licensing bodies.

Take Immediate Action

If you have been involved in an accident and charged with negligent driving, do not make a formal statement to the police until you have received legal advice. Every detail of your statement will be used to determine the level of negligence.

Call 0422 388 370 | Email: [email protected]

Sydney CBD Office: Level 21, 233 Castlereagh Street, Sydney NSW 2000 

Hills District Office: Level 5, Nexus Norwest, 4 Columbia Court, Baulkham Hills NSW 2153

Suburbs We Serve

We regularly represent clients in serious negligent driving matters at the Downing Centre, Parramatta, Blacktown and Penrith courts:

  • The Hills District: Baulkham Hills, Castle Hill, Norwest, Kellyville, Rouse Hill, Bella Vista and Dural.
  • Western Sydney: Parramatta, Blacktown, Seven Hills and Westmead.
  • Sydney CBD: Central Sydney, Surry Hills, Pyrmont and Darlinghurst.

    Frequently Asked Questions

    What is the difference between Negligent and Dangerous Driving?
    Negligent driving is a lack of “due care and attention.” Dangerous driving is more serious and involves driving in a manner that is a real danger to the public. Dangerous driving is a “strictly indictable” offence that often leads to a prison sentence.
    What does "Grievous Bodily Harm" (GBH) mean?
    GBH includes any permanent or serious disfigurement or any “really serious” bodily injury. This can include broken bones, internal injuries or injuries requiring surgery. We often challenge the medical definition of GBH to have charges reduced.
    Can I get a Section 10 for Negligent Driving?
    Yes. For first time offenders or those with a strong driving history, we can argue for a non-conviction. We focus on showing the court that the accident was an isolated lapse in an otherwise unblemished driving record.
    How do the police prove I was negligent?
    The police rely on skid marks, witness statements, vehicle damage and your own admissions. As a former Head of Prosecutions, Belinda Hughes knows how to identify inconsistencies in this evidence to create “reasonable doubt” about your negligence.
    Should I provide dashcam footage to the police?
    You should never provide evidence to the police before a lawyer has reviewed it. While dashcam footage can sometimes clear you, it can also provide the prosecution with the exact evidence they need to prove a moment of inattention.