Negligent Driving

Whether your matter involves a straightforward negligent driving charge or one resulting in grievous bodily harm or death, early legal advice is critical to protecting your rights and presenting the strongest possible case.

What Is Negligent Driving?

Negligent driving occurs when a person drives a motor vehicle on a road carelessly or without the level of care and attention expected of a reasonable driver. It doesn’t require proof of deliberate recklessness, but rather that the driver’s behaviour fell below the standard expected and exposed others to risk. 

Common examples can include:

• Failing to pay proper attention at intersections
  

• Driving too close to the vehicle in front
  

• Not adjusting speed to conditions
  

• Being distracted behind the wheel 
  

Categories of Negligent Driving Offences and Penalties

Negligent driving charges can vary significantly depending on whether the alleged conduct resulted in serious injury or death:

Negligent Driving – No Injury

• Maximum fine of around $1,100 if dealt with in court.
  

• 3 demerit points may apply.
  

• Licence may still be suspended depending on court outcome.
  

This is the least severe category, reflecting a failure to take reasonable care while driving.

Negligent Driving Occasioning Grievous Bodily Harm

If the negligent driving causes someone serious injury:

• Maximum fine up to $2,200 (first offence) and higher for subsequent offences.
  

• Up to 9 months’ imprisonment on first offence.
  

• Automatic licence disqualification (minimum 12 months first offence).
  

Penalties increase significantly if the same offence is committed again within a set period. 

Negligent Driving Occasioning Death

Where negligent driving results in a fatality:

• Maximum penalties include fines up to $3,300 (first offence).
  

• Up to 18 months’ imprisonment.
  

• Automatic licence disqualification (minimum 12 months).
  For repeat offences, the penalties and disqualification periods increase further. 
  

All negligent driving offences are governed by section 117 of the Road Transport Act 2013 (NSW). 

Why You Need Legal Representation

Negligent driving charges may seem less severe than dangerous driving, but they can still lead to significant penalties, a criminal record, and long-term impacts on your personal and professional life. The consequences extend beyond fines and demerit points: licence loss or criminal conviction can affect employment, travel, insurance and more. 

At ADADA Legal, we can:

• Carefully review the prosecution’s evidence and legal elements required for a conviction
  

• Advise you on whether the charge should be contested or resolved by plea
  

• Present compelling mitigation and advocacy in court
  

• Work towards reduced penalties, licence outcomes or non-conviction orders where appropriate
  

Our goal is to ensure your case is presented in the strongest possible light and to protect your future. 

Negligent Driving Frequently Asked Questions

What must the prosecution prove in negligent driving cases?

They must prove you were driving a motor vehicle and that your driving lacked the care expected of a reasonable driver in the circumstances. For more serious charges, they must also prove your negligence caused serious injury or death.

Is negligent driving a criminal offence?

Yes. Even where no injury occurs, negligent driving is a traffic offence prosecuted in court. Where serious injury or death results, penalties are greater and the matter is treated as a significant criminal offence.

Will I lose my licence if convicted?

It depends on the category of the offence and your driving history. More serious forms of negligent driving (especially those involving harm) carry automatic minimum disqualification periods, though courts have discretion in some circumstances.

Can negligent driving charges be defended?

Yes. Effective defence strategies may involve challenging whether your conduct met the legal standard of negligence, examining how causation is proved, and presenting mitigating factors. Legal representation significantly improves the quality of your defence. 

Can a court avoid a conviction?

In some cases, courts have discretionary powers to impose alternative outcomes (such as section 10 non-conviction orders or conditional release orders) depending on the nature of the offence and your circumstances.