Dangerous Driving Causing Death

Dangerous Driving Causing Death

What is Dangerous Driving Causing Death?

Under current South Australian law, Section 19A of the Criminal Law Consolidation Act 1935, Police can charge a person who drives a vehicle (including vessels and machinery) in a culpably negligent manner, recklessly, or at speed or in a manner dangerous that causes the death of another.

 

What Penalties are attached to this offending?

This offence has significant penalties attached, which is why it is crucial to seek legal assistance. If you enter a guilty plea or are found guilty of this (basic) offence you could face the following by way of penalty:

  • Imprisonment for up to 15 years; and
  • Disqualification from holding or obtaining a driver’s licence for 10 years or longer.

If your offending is considered ‘aggravated’ by an aggravating feature (you were attempting to escape pursuit by police, you were racing, you were driving whilst disqualified, you had alcohol above 0.08 grams or drugs in your system or you were speeding in excess of 45kmph above the nominated speed limit) you could face the following by way of penalty:

  • Imprisonment for life; and
  • Disqualification from holding or obtaining a driver’s licence for 10 years or longer.

 

How can Woods & Co Lawyers help me?

Woods & Co Lawyers had extensive experience in dealing with clients charged with Dangerous Driving Causing Death.  We assist you through the court process and finely examine your case for any defences that may be available. We are also experienced in negotiation with the prosecution, which may enable you to have the charges you face downgraded to a less-serious equivalent. We have had success in this area, with some past clients receiving suspended sentences or a sentence of home detention instead of actual imprisonment as an outcome. Please call our office on 8311 3111 for more information.

 

Woods & Co Lawyers experience with Dangerous Driving Causing Death?

If you would like to undertake further research, we encourage you to open the hyperlinks below, which show various media articles related to clients we have assisted for dangerous driving causing death. Note that in some of the examples we successfully had their charges downgraded.

2018http://www.abc.net.au/news/2018-09-26/german-tourist-given-suspended-sentence-over-fatal-crash/10308818

2016https://www.adelaidenow.com.au/news/south-australia/mark-darren-burns-jailed-for-five-months-over-inattentive-driving-that-caused-triple-fatal-crash-on-yorke-peninsula/news-story/21b0c2e8442d0ededddc444a8460a71c

2016https://www.adelaidenow.com.au/news/south-australia/sa-driver-bo-xi-gets-home-detention-over-fatal-crash-in-adelaide-hills/news-story/a864d66b45e6e0db6418af4ff86fb897