Dangerous Driving Laws in Western Australia

Transcript

Dangerous driving laws in Western Australia. Road Traffic Act defines dangerous driving as driving a motor vehicle in a dangerous manner, including speeding, that is dangerous to the public or 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 difficult to work out the difference between the three terms and the penalties for the different offences.

What will the court look at when judging whether a driver was driving dangerously? The court will objectively look at numerous factors to determine whether the driving was actually or potentially a danger to the public or another person. Some examples of these factors include, but are not limited to, the nature and quality of the driving, the amount of traffic on the road at the time, the number of pedestrians in the area at that time, condition of the road, weather conditions, health and tiredness of the driver, experience of the driver in the vehicle and whether the driver was familiar with that particular road.

Failing to stop for police can be considered dangerous driving. Another more common example is using a mobile phone illegally whilst driving, such as texting on a mobile phone whilst driving in a 90 kilometre an hour zone. In WA, hoon driving is another example of dangerous driving and is covered by WA's tough hoon laws. Hoon driving usually occurs when a driver drives at very high speed or in a manner that is considered highly dangerous or antisocial and may include intentionally causing tyres to lose traction, causing a vehicle to make excessive noise or smoke, exceeding the speed limit by 45 kilometres an hour or more engaging in a race or speed trial on a public road or in a public space.

Penalties for dangerous driving Under the Act, the penalty for dangerous driving offences can range from $800 for a first offence to $2,000 and or nine months imprisonment or a 12 month licence suspension. Reckless driving Section 60 of the Act deals with reckless driving and subsection 1 states that every person who willfully drives a motor vehicle in a manner that is inherently dangerous or that is having regard to all the circumstances of the case dangerous to the public or any person commits an offence.

For a first offence, the maximum fine is $6,000. The driver must be disqualified for at least six months and there is the option of imprisonment of up to nine months. These penalties increase for subsequent offences. The court has the power to impound the vehicle that was used in the offence or, in certain circumstances, confiscate that vehicle. Careless driving Section 62 of the Act declares that every person who drives a motor vehicle without due care and attention commits an offence.

What to do next? If you have been charged with either dangerous, reckless or careless driving it is important to keep in mind that you may be convicted under any of the other relevant sections under the Act and, in consequence, may in fact receive a heftier sentence and, in some circumstances, even imprisonment. Call our Western Australian traffic lawyers for a no-obligation, confidential discussion about your situation on the retired Go To Court contact number (omitted) or request a call back on the website at gotocourt.com.au