Case Study: Dangerous Driving

Updated: Aug 22


Date and location of Offence(s)

August 2019, Sunbury


Court venue

Broadmeadows Magistrates’ Court


Facts

Our client was charged with a variety of traffic offences which are listed below. The circumstances of the offending relate to our client exceeding the applicable speed limit along a stretch of road in Sunbury. It was initially alleged that our client failed to stop his car when directed to do so by police.

Our client was intercepted by police, and then questioned about the speed of his vehicle as captured by the speed measurement device. Due to the alleged speed his vehicle was impounded.


Charges

Because of this incident our client received a Charge & Summons directing her to attend the Broadmeadows Magistrates’ Court to answer the following offences:

Dangerous driving – s. 64(1) of the Road Safety Act 1986 (Vic)

Fail to stop motor vehicle when given a direction by police – s. 64A of the Road Safety Act 1986 (Vic)

Exceed speed limit – Rule 20(3) Road Safety Rules 2017

Overtake a vehicle to the left – Rule 141(1) Road Safety Rules 2017

Fail to comply with traffic lane arrow – Rule 92(1)(a) Road Safety Rules 2017


Factors relevant to client

Our client was aged 48 at the time of the offences, engaged in full-time employment and had a limited traffic history.


Outcome

The initial prosecution summary alleged our client had deliberately driven his vehicle along a stretch of road where workers either side were active. Although the area had been designated as a work zone, and the speed reduced to 40km/hr accordingly, video footage obtained by the police had indicated that at the relevant time, the stretch of road was not in fact populated by workers. Further, that our client had deliberately ignored police when they had detected his speed, commenced pursuing him, and indicated for him to stop. The dashboard footage from the police was obtained, and considering the evidence obtained from that footage, the aggravating facts referred to were removed, and all charges except for Dangerous driving were withdrawn. The video evidence supported that charge, but not other aggravating features of the offence that were initially alleged.

Consequently, our client pleaded guilty to a single charge of Dangerous driving. The good character of our client was emphasised to the Court, and several character references were tendered. It was further submitted to the Court that a without conviction outcome was appropriate.


On a single offence of Dangerous Driving, the sentencing outcome of the Court was a without conviction fine of $800, and mandatory disqualification of license for 12 months.


Written by Shaun Pascoe, Director, Pascoe Criminal Law.

Case Study Dangerous Driving Melbourne

Level 8,

350 Collins Street
Melbourne, Vic 3000

Ph: (03) 9668 7600

Level 8, 350 Collins Street, Melbourne, Vic 3000, Ph: (03) 9668 7600    Privacy    Disclaimer