Aggravated Dangerous Driving Occasioning Death Charges

George Sten and Co Criminal Lawyers specialise in criminal law. With over 50 years of experience, you can be sure that your case will be in expert hands. Our Traffic Lawyers will provide you with accurate legal advice to help guide you through to the finalisation of your case. If you have been convicted of a high range drink driving or aggravated dangerous driving occasioning death offence, then you must contact one of our criminal lawyers as soon as possible.

Below, you will find a summary of a recent case, which involved these two offences, followed by information regarding each of these offences and the types of punishments that may apply. If you, or someone you know has been charged with a high range drink driving offence, then contact George Sten and Co Criminal Lawyers now on (02) 9261 8640 or email us at georgesten@criminal-lawyer.com.au. If your matter is urgent in nature, do not hesitate to call our 24 hour emergency line 02 9261 8640

Aggravated Dangerous Driving Occasioning Death  – Case in point

On December 14 2016, a fatal car crash occurred in the St George area. The 35-year-old driver collided with a 22-year-old woman who was crossing the road. The woman was crossing the Princes Highway near Brodie Spark Drive intersection in Wolli Creek.

Police have alleged that the driver of the vehicle fled the scene. When he was located, he refused to submit to a breath test. He was then arrested and transported to a nearby hospital for testing. His blood alcohol level came back at 0.199, almost 4 times the legal limit in New South Wales.

The driver was charged with high range drink driving, aggravated dangerous driving occasioning death and driving recklessly, negligent driving occasioning death and dangerous driving occasioning death.

On December 15 2016, the driver was denied bail. His matter will be heard again on January 10 2017.

The offences, which the driver was charged with, will be addressed in further detail below.

High Range Drink Driving Charges 

High range drink driving refers to driving a motor vehicle, attempting to drive a motor vehicle or sitting beside a learner driver while you have a high range prescribed concentration of alcohol in your body. This is defined in section 110 of the Road Transport Act 1999 (NSW). A high range prescribed concentration of alcohol is defined as at least 0.150 or above. The offence is punishable by up to 50 penalty units, which is $5500 or up to 2 years imprisonment, or both. Depending on whether it is your first or subsequent offence, you will also have your driver’s license automatically disqualified for 6 months (for your first offence) or 9 months (for second and subsequent offences.)

Since February 2015, there has been a mandatory interlock order, which will be made by a court when considering high range drink driving offences. An interlock order must be made if a court convicts of this offence. This order comes into play once your disqualification period has ended. You must then obtain an interlock license and have your vehicle fitted with an interlock device. This device is installed in the engine of your vehicle and will only permit you to start the engine once it takes a sample of your breath and determines that it is alcohol free. The driver who is convicted covers this cost of installing and maintaining this device. If you are convicted of a high range drink driving offence, the minimum interlock period is 48 months.

There are some exemptions that apply to mandatory interlock orders. To find out if any of these exemptions apply to you, contact George Sten and Co Criminal Lawyers now!

Dangerous Driving Occasioning Death and Aggravated Dangerous Driving Occasioning Death

The offence of aggravated dangerous driving occasioning death comes under s 52A of the Crimes Act 1900 (NSW). You will be charged under this offence if the you are found to have driven a vehicle involved in an impact occasioning the death of another person and you were under the influence of alcohol at the time. Circumstances of aggravation must also exist at the time. Examples of circumstances of aggravation are:

1. Alcohol in the driver’s system
2. At any point driving at a speed that is greater than 45 kilometres per hour over the speed limit; or
3. Driving a vehicle that is being chased by a police officer; or
4. Driving a vehicle while your ability to drive is severely impaired by a drug or a combination of drugs.

This offence is punishable by up to 14 years imprisonment. 

Driving Recklessly

Reckless driving is criminalised by section 117 of the Roads Transport Act 2013 (NSW). The potential punishment for this offence is 20 penalty units or 9 months imprisonment or both (if it is your first offence) or 30 penalty units or 12 months imprisonment or both (if it you second or subsequent offence.) You will also automatically lose your license for at least 6 months.

If you are charged with this type of offence, the court will consider all circumstances surrounding your case including the nature, condition and use of the road where the offence allegedly occurred, the amount of traffic at the time and any obstructions or hazards on the road at the time.

Negligent Driving Occasioning Death

Negligent driving occasioning death is an offence that is also covered by section 117 of the Roads Transport Act 2013 (NSW). The offence involves driving in a negligent manner and having a car accident, which results in the death of someone involved. If you are charged with this offence, jail time is on the table, so it is very important that you have a expert criminal lawyer to defend your case. If you are found guilty of this offence and it is your first offence, you will be liable for up to 30 penalty units or imprisonment for 18 months or both. You will also have your driver’s license disqualified for at least 12 months. If it is your second or subsequent offence, then you will be liable for 50 penalty units or imprisonment for 24 months or both. You will also have you driver’s license disqualified for at least 24 months. The maximum disqualification period for your license is unlimited, which means that a court can order that you never drive again. In order to have the best chances of having your license disqualified for the minimum period, then you should contact George Sten and Co Criminal Lawyers for accurate legal advice and guidance.

If you have been charged with any of the above offences, then you must act now and contact one of the expert criminal lawyers at George Sten and Co Criminal Lawyers immediately. Our lawyers work solely on criminal law and are considered leaders in their field in New South Wales. We can help you build and defend your case and will use our knowledge and experience to give you the best chance of success. If you want to give yourself the best chance of avoiding jail time, fines and losing your license, then contact one of our knowledgeable lawyers on (02) 9261 8640 or email georgesten@criminal-lawyer.com.au. We also have a 24 hour phone line which can be used if you have a matter that requires urgent attention. Our number is 0410 326 103.