Practical Lawyer

dangerous driving laws in western australia. road traffic act defines dangerous driving as driving a motorvehicle in a dangerous manner including speeding that is dangerous to the publicor to any person the oxford dictionary defines “dangerous” as able or likely to cause harm or injury. in western australia, the terms dangerous reckless and careless driving are sometimes used interchangeably and it can be difficultto work out the difference between the three times and the penalties for thedifferent offenses. what will the court look at when judging whether a driverwas driving dangerously, the court objectively look at numerous factors todetermine whether the driving was

actually or potentially a danger to thepublic or another person some examples of these factors includebut are not limited to the nature and quality of the driving the amount oftraffic on the road at the time the number of pedestrians in the area atthat time condition of the road where theconditions health and tiredness of the driver experience of the driver in thevehicle and whether the driver was familiar with that particular roadfailing to stop for police can be considered dangerous driving and anothermore common example is using a mobile phone illegally whilst driving such astexting on a mobile phone whilst driving

in a 90 km/h zone. hoon driving in wahoon driving is another example of dangerous driving and is covered by wa’stough hoon laws. hoon driving usually occurs when a driver drives atvery high speed or in a manner that is considered highly dangerous oranti-social and may include intentionally causing ties to losetraction causing a vehicle to make excessive noise or smoke exceeding thespeed limit by 45 kilometers an hour or more and/or engaging in a race or speedtrial on a public road or in a public space penalties for dangerous drivingunder the act the penalty for dangerous driving offenses can range from $800 fora first offense to $2,000 and or nine months

imprisonment or a twelve-monthlicense suspension reckless driving – section 60 of the act dealswith reckless driving and subsection 1 states that every person who willfullydrives a motor vehicle in a manner that is inherently dangerous or that ishaving regard to all the circumstances of the case, dangerous to the public or any person commits an offence. for a first offense the maximum fine is $6,000 the driver must be disqualified for at least six months and there is the option ofimprisonment of up to nine months these penalties increase for subsequentoffenses. the court has the power to impound the vehicle that was used in theoffense or in certain circumstances confiscate

that vehicle. careless driving,section 62 of the act declares it every person who drives a motor vehiclewithout due care and attention commits an offence what to do next if you have been charged with a dangerous reckless or careless driving it isimportant to keep in mind that you may be convicted under any of the otherrelevant sections under the act and in consequence may in fact receive a heftier sentence and in some circumstances even imprisonment call a western australiantraffic lawyers for a no-obligation confidential discussion about yoursituation on 1300 636 846 or request a callback on the website at gotocourt.com.au

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