Dangerous Driving NSW
In shortIn NSW, dangerous driving occasioning death or grievous bodily harm is charged under s 52A of the Crimes Act 1900, with maximums of 10 and 7 years' imprisonment (14 and 11 if aggravated). Furious, reckless or dangerous driving without injury falls under s 117(2) of the Road Transport Act 2013. Both are major offences with automatic disqualification.
- Crimes Act s 52A: death 10 years (14 aggravated); GBH 7 years (11 aggravated). Aggravation includes 0.15 or more, more than 45 km/h over the limit, escaping police, or very substantial drug impairment.
- Guideline: R v Whyte (2002) 55 NSWLR 252 says custody is generally appropriate for the typical case where moral culpability is high.
- Licence: automatic 3 years (minimum 12 months) for a first major offence; 5 years (minimum 2 years) for a repeat within 5 years (RTA s 205).
New South Wales law · law checked 21 Oct 2026
What's on this page
Which laws regulate Dangerous Driving in NSW?
Dangerous Driving in NSW is primarily governed by two key pieces of legislation:
- The Crimes Act 1900 (NSW) , particularly section 52A , which creates the offences of Dangerous Driving Occasioning Death, Aggravated Dangerous Driving Occasioning Death, Dangerous Driving Occasioning Grievous Bodily Harm and Aggravated Dangerous Driving Occasioning Grievous Bodily Harm.
- The Road Transport Act 2013 (NSW) , including section 117 , which covers driving furiously, recklessly or at a speed or in a manner dangerous to the public, together with other serious “major offences” such as negligent driving occasioning death or grievous bodily harm, menacing driving and failing to stop and render assistance.
The Road Transport Act 2013 (NSW) also sets out the framework for automatic licence disqualification and repeat-offender consequences when a driver is convicted of a Dangerous Driving or other major traffic offence. These provisions interact closely with other regimes, such as drink driving offences, drink driving penalties and drug driving offences and penalties.
How is Dangerous Driving defined under the Crimes Act?
Under section 52A of the Crimes Act 1900 (NSW) , a person commits Dangerous Driving Occasioning Death or Dangerous Driving Occasioning Grievous Bodily Harm if the prosecution proves, beyond reasonable doubt, that:
- The person was driving a vehicle (in control of its steering, movement or propulsion); and
- The vehicle was involved in an impact ; and
- That impact caused the death or grievous bodily harm of another person; and
- At the time of the impact, the driver was either:
- Under the influence of alcohol or a drug; or
- Driving at a speed dangerous to others; or
- Driving in a manner dangerous to others.
“Drive” is interpreted widely – it can include situations where a person is only operating the accelerator and brake while someone else has hold of the steering wheel. The driving must, however, be voluntary. Sudden loss of consciousness or a serious medical episode can raise important questions about whether the person was legally “driving” at all when the impact occurred.
“Impact” covers more than just head-on collisions. It includes the vehicle overturning, colliding with other vehicles or objects, or even indirect situations where one collision sets off a chain of events that ultimately causes death or serious injury.
Types of Dangerous Driving offences in NSW
Dangerous Driving Occasioning Death
Dangerous Driving Occasioning Death is one of the most serious traffic offences dealt with in NSW courts. It is a strictly indictable offence, which means it must be finalised in the District Court. The current maximum penalty is:
- 10 years’ imprisonment for the base offence; and
- 14 years’ imprisonment where an aggravating circumstance is proved.
In practice, the Court of Criminal Appeal said in the guideline judgment, R v Whyte (2002) 55 NSWLR 252, that for the typical case it described, where the driver's moral culpability is high, a custodial sentence of less than 3 years for Dangerous Driving Occasioning Death would not generally be appropriate.
Dangerous Driving Occasioning Grievous Bodily Harm (GBH)
Where the victim survives but suffers “grievous bodily harm” – that is, really serious injury such as multiple fractures, significant head trauma, permanent disfigurement or comparable injuries – the charge is usually Dangerous Driving Occasioning Grievous Bodily Harm.
This offence is a Table 1 matter. It can proceed in the Local Court unless the prosecution or defence elects to have it dealt with in the District Court. The theoretical maximum penalties are:
- Up to 7 years’ imprisonment for the base offence; and
- Up to 11 years’ imprisonment if aggravated.
However, if the matter remains in the Local Court, the magistrate is limited to a maximum of 2 years’ imprisonment for any single offence. An election to the District Court can therefore significantly change the possible outcome, and it should only be made after legal advice. See the NSW DUI and traffic court process guide.
Aggravated Dangerous Driving offences
For an aggravated form of Dangerous Driving in NSW, the prosecution must prove at least one additional “circumstance of aggravation” at the time of the impact, such as:
- A blood alcohol concentration of 0.15 or higher;
- Driving at more than 45 km/h over the speed limit;
- Driving while attempting to escape a police pursuit ; or
- Being very substantially impaired by a drug or a combination of drugs.
Where one or more of these elements is made out, the statutory maximum penalty increases and the court will usually regard the objective seriousness of the conduct as significantly higher. The presence of alcohol can also trigger additional consequences under the NSW alcohol interlock laws.
Serious Dangerous or Reckless Driving under the Road Transport Act
Not all Dangerous Driving allegations in NSW will fall under section 52A of the Crimes Act. In many cases where there is no death or grievous bodily harm, police may instead lay charges under section 117(2) of the Road Transport Act 2013 (NSW) , which covers driving furiously, driving recklessly or driving at a speed or in a manner dangerous to the public.
Other serious driving offences – such as negligent driving occasioning death or GBH, menacing driving and failing to stop and give assistance after an impact – are also treated as “major offences” and come with substantial penalties and automatic licence disqualification. For an overview of other serious traffic charges, see other traffic offences in NSW.
How do courts decide if driving was “dangerous”?
Whether driving is “dangerous” is an objective question. The court asks whether a reasonable and prudent driver in the same position would have appreciated that the driving created a real risk of serious harm to other road users. It is not enough that the driving looked careless in hindsight; nor is it necessary for the driver to have intended to cause any harm.
When assessing Dangerous Driving in NSW, courts commonly consider:
- How far above or below the posted speed limit the vehicle was travelling;
- Road surface and layout, including bends, intersections, roadworks or hazards;
- Traffic density and the presence of vulnerable road users such as cyclists and pedestrians;
- Lighting and visibility, time of day and weather conditions;
- The driver’s state – fatigue, distraction, intoxication or drug use; and
- Any deliberate risk-taking, such as racing, tailgating or overtaking in clearly unsafe conditions.
A crucial point is that driving below the speed limit can still be considered dangerous if, for example, the driver fails to slow down near a crash scene, through a school zone or past a large group of cyclists where extra care is obviously required. On the other hand, simply driving over the speed limit will not automatically amount to Dangerous Driving unless the circumstances reveal a genuine danger to the public. In some cases, the conduct may be more appropriately dealt with as a lesser offence such as negligent driving.
What must the prosecution prove?
Elements of Dangerous Driving under section 52A
For Dangerous Driving Occasioning Death or Dangerous Driving Occasioning Grievous Bodily Harm, the prosecution must prove, beyond reasonable doubt, that:
- You were driving a vehicle in NSW;
- Your vehicle was involved in an impact ;
- At the time of impact, you were under the influence of alcohol or a drug, or driving at a speed or in a manner dangerous to others; and
- The impact caused the death or grievous bodily harm of another person.
For aggravated Dangerous Driving offences, the prosecution must also prove at least one aggravating feature such as high-range PCA, driving more than 45 km/h over the speed limit, police pursuit or being very substantially impaired by drugs. Defences can sometimes overlap with those raised in drink driving defences, especially where intoxication is in issue.
Elements of dangerous or reckless driving under section 117(2)
Under section 117(2) of the Road Transport Act 2013 (NSW), the prosecution must prove that you:
- Were driving a motor vehicle on a road or road-related area; and
- Were driving furiously , recklessly , or at a speed or in a manner dangerous to the public .
These charges are often laid where there has been serious risk created but no death or grievous bodily harm. They still carry significant penalties and automatic licence disqualification. The maximum penalty under s 117(2) is 20 penalty units ($2,200) or 9 months' imprisonment or both for a first offence, and 30 penalty units ($3,300) or 12 months or both for a second or subsequent offence.
Penalties, sentencing and the Dangerous Driving Guideline Judgment
Maximum penalties for Dangerous Driving in NSW depend on the specific charge, whether there is an aggravating circumstance and whether the matter is heard in the Local Court or District Court. In broad terms:
- Dangerous Driving Occasioning Death – up to 10 years’ imprisonment (14 years if aggravated);
- Dangerous Driving Occasioning Grievous Bodily Harm – up to 7 years’ imprisonment (11 years if aggravated);
- Furious, reckless or dangerous driving under section 117(2) – 20 penalty units or 9 months (first offence), 30 penalty units or 12 months (second or subsequent), plus disqualification.
Dangerous Driving Occasioning Death and Dangerous Driving Occasioning Grievous Bodily Harm are subject to a guideline judgment from the NSW Court of Criminal Appeal. In R v Whyte (2002) 55 NSWLR 252 the court described a typical case – a young offender of good character with no or limited prior record, death or permanent injury to a single person, and a vehicle driven with abandonment of responsibility, so that moral culpability is high – and said that, for that typical case:
- A custodial sentence of less than 3 years for Dangerous Driving Occasioning Death would not generally be appropriate; and
- A custodial sentence of less than 2 years for Dangerous Driving Occasioning Grievous Bodily Harm would not generally be appropriate.
The guideline also sets out a range of factors that can aggravate the seriousness of the offence, including:
- Very high speed and prolonged dangerous driving behaviour;
- High levels of intoxication or obvious impairment by drugs;
- Competitive driving, racing or attempting to escape police;
- Having multiple passengers or road users at risk;
- Ignoring prior warnings or obvious signs of danger;
- Significant fatigue or sleep deprivation; and
- Failing to stop after the collision.
On the other hand, the court recognises that some cases involve relatively brief misjudgement or low moral culpability. In those situations, it may be open to impose a non-custodial sentence, although that is the exception rather than the rule. Participation in a traffic offenders program and genuine rehabilitation steps can be relevant at sentence.
Licence disqualification, interlock and “major offence” consequences
Dangerous Driving offences are treated as major offences under the Road Transport Act 2013 (NSW). A conviction triggers automatic licence disqualification under s 205. The default disqualification period depends on whether it is a first major offence or there have been prior major offences such as Dangerous Driving, drink driving, drug driving or negligent driving occasioning death or GBH, in the previous 5 years.
In many Dangerous Driving cases, the starting point will be:
- An automatic disqualification of 3 years for a first major offence, which the court can reduce to no less than 12 months (s 205(2)(d)); and
- An automatic 5 years for a second or subsequent major offence within 5 years, which the court can reduce to no less than 2 years (s 205(3)).
The court can reduce the automatic period, but not below the statutory minimum. It can also order a longer period. Section 205 sets no upper limit on an ordered disqualification.
Where alcohol is involved in a s 52A offence of the kind listed in s 214 (for example, dangerous driving occasioning death while under the influence of liquor, or occasioning death or GBH with the prescribed concentration of alcohol), the court may also make an interlock order requiring at least 36 months on an interlock licence (RTA s 214). More detail is on our NSW alcohol interlock laws page.
Defences to Dangerous Driving in NSW
Every allegation of Dangerous Driving in NSW turns on its own evidence. However, some of the main avenues a lawyer will explore include:
Causation
In Crimes Act matters, the prosecution must show that the Dangerous Driving actually caused the death or grievous bodily harm complained of. It can be a defence to demonstrate that the death or injury would have occurred regardless of the way the driver was operating the vehicle – for example, where another road user behaves in a completely unforeseeable way or the collision was genuinely unavoidable even for a sober, prudent driver.
Mechanical defect
A sudden, unexpected mechanical failure that the driver could not reasonably foresee or prevent may provide a basis for acquittal. However, if the driver knew or should have known that the vehicle was unsafe, continuing to drive it can itself amount to Dangerous Driving, because choosing to take that risk is a serious departure from safe driving standards.
No dangerousness in the circumstances
In many cases, defence lawyers challenge whether the driving was objectively dangerous at all. This can involve:
- Disputing police opinions about speed, distance and reaction times;
- Obtaining accident reconstruction or mechanical engineering reports;
- Analysing CCTV, dash-cam, body-worn video or witness footage; and
- Highlighting steps taken by the driver to manage risk, such as braking, signalling or steering away from danger.
A successful challenge on this point may result in an acquittal or, in appropriate cases, a plea being accepted to a lesser charge such as negligent driving. It can also affect whether the court records a conviction.
Medical emergency or involuntary act
Where a driver loses control due to a genuine medical episode – such as a seizure, heart attack or sudden loss of consciousness – it may be argued that the driving at the moment of impact was not voluntary. The court will look closely at any prior medical history, advice from doctors and whether the driver should reasonably have avoided driving in those circumstances.
Honest and reasonable mistake
In limited situations, a driver may raise an honest and reasonable mistake of fact – for example, where their drink has been spiked or they experience unforeseen intoxicating effects from prescribed medication and genuinely believe they are sober enough to drive. Courts are, however, sceptical of excuses such as “I thought I was okay to drive” after heavy voluntary drinking. The NSW drink driving defences guide shows how courts approach similar issues.
Why you should obtain early legal advice for Dangerous Driving in NSW
Serious Dangerous Driving charges are complex. They may involve reconstruction reports, toxicology evidence, medical material, guideline judgments and careful analysis of both the Crimes Act 1900 (NSW) and the Road Transport Act 2013 (NSW) . The decisions made early in your matter – including what you say in an interview, how you approach police, whether you elect to the District Court and when you consider any plea – can have a big impact on the final outcome.
A lawyer's role in a Dangerous Driving matter includes:
- Breaking down the charge and explaining the range of realistic outcomes;
- Reviewing the police brief and obtaining accident reconstruction or mechanical reports where needed;
- Assessing whether there is a viable defence or whether charges can be downgraded to lesser offences;
- Preparing subjective material, including character references and treatment reports addressing alcohol, drug or mental health issues; and
- Making submissions about penalty and the length of licence disqualification.
If you are searching online for guidance on Dangerous Driving in NSW, the next step is tailored advice on your specific facts. General information is not a substitute for advice about your case. You can also read our NSW traffic law FAQs and watch videos on Boorman Lawyers TV.
A lawyer can review your case and explain your options, whether that involves defending the charge, negotiating with the prosecution, or preparing for sentence. Information about how legal costs work is on our costs page.
Call 1300 941 900 or make an enquiry about legal representation.
Related serious driving offences and their penalties
Police and prosecutors often consider several possible charges for the same driving. The main alternatives under the Road Transport Act 2013 are:
| Offence | Section | Maximum penalty, first offence | Maximum penalty, second or subsequent |
|---|---|---|---|
| Negligent driving occasioning death | s 117(1)(a) | 30 penalty units ($3,300) or 18 months, or both | 50 penalty units ($5,500) or 2 years, or both |
| Negligent driving occasioning GBH | s 117(1)(b) | 20 penalty units ($2,200) or 9 months, or both | 30 penalty units ($3,300) or 12 months, or both |
| Negligent driving (no death or GBH) | s 117(1)(c) | 10 penalty units ($1,100) | 10 penalty units |
| Furious, reckless or dangerous driving | s 117(2) | 20 penalty units ($2,200) or 9 months, or both | 30 penalty units ($3,300) or 12 months, or both |
| Menacing driving with intent to menace | s 118(1) | 30 penalty units ($3,300) or 18 months, or both | 50 penalty units ($5,500) or 2 years, or both |
| Menacing driving where you ought to have known | s 118(2) | 20 penalty units ($2,200) or 12 months, or both | 30 penalty units ($3,300) or 18 months, or both |
A NSW penalty unit is $110. In deciding whether an offence under s 117 has been committed, the court must have regard to all the circumstances, including the nature, condition and use of the road, the amount of traffic actually present or reasonably expected, and any obstructions or hazards such as crashed vehicles or emergency scenes (s 117(3)). A person cannot be convicted of both a menacing driving offence and an offence under s 117 arising out of a single incident (s 118(5)).
Police interviews and early steps
After a serious crash, police will often ask the driver to take part in a recorded interview. You are generally not obliged to answer questions, and anything you say can be used in evidence. Get legal advice before agreeing to an interview. Practical early steps include:
- keeping copies of every document police give you, including the court attendance notice and any bail conditions;
- writing down your own account of what happened while it is fresh, for your lawyer only;
- preserving dash-cam footage, phone records and photographs of the scene and the vehicles;
- noting the names and contact details of witnesses; and
- not posting about the incident on social media.
Bail and court dates
People charged with a s 52A offence are often released on bail with conditions, which can include not driving. Breaching bail conditions can lead to arrest and bail being revoked. The first court date is usually in the Local Court, even for an offence that will finish in the District Court. Committal steps then follow for matters going to the District Court, including the service of a brief of evidence and charge certification. A lawyer can explain each step and what decisions need to be made along the way.
Where someone has died or been seriously injured, there may also be a coronial investigation and civil claims. A lawyer can explain how those processes interact with the criminal case.
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“Positive outcome, thanks josh Worked hard for a section 10 in my low range ova case”
Allan Provan (opens full review in a new tab) - Google review by SJR.
“Josh is without doubt the most unpretentious, straight-up, genuine, knowledgeable solicitor I have ever dealt with. …”
SJR (opens full review in a new tab) - Google review by Darren Dowsett.
“As a first time low range PCA offender coupled with a speeding offence and first appearance before the court, my stress and anxiety levels were insurmountable. I engaged the help of Joshua from Boorman lawyers who represented myself in …”
Darren Dowsett (opens full review in a new tab) - Google review by Katie Eales.
“Joshua was a excellent lawyer who got me a section 10 for a low-range PCA. He was well prepared and helped me a lot with all my documents and gave me great advice. I highly recommend him.”
Katie Eales (opens full review in a new tab) - Google review by leon bourgeon.
“Good advice, it pays to tick all the boxes and do all you can to present your best self before the court. I would recommend to friends if they find themselves in the same situation as I was. Thank you”
leon bourgeon (opens full review in a new tab) - Google review by King Lit Leong.
“I have been extremely lucky to have Josh represent me in my court case. Josh is an exceptional lawyer, he is professional, patient, supportive, knowledgeable and a good listener. He was right beside me every step of the way, by providing …”
King Lit Leong (opens full review in a new tab) - Google review by Ross Williams.
“Great outcome and very professional. Took the weight off my shoulders. Definitely recommend.”
Ross Williams (opens full review in a new tab) - Google review by Jamania Harris.
“Represented me so well. Pricing is great. Made me feel very at ease! Thanks again Josh.”
Jamania Harris (opens full review in a new tab) - Google review by mike purser.
“Very happy with Boorman lawyers Josh was organised and professional which lead me to get the result i was after.”
mike purser (opens full review in a new tab) - Google review by Garry J.
“Josh went above and beyond for me, got the best result possible of a minimum sentence for high range DUI, couldn't reccomend him highly enough”
Garry J (opens full review in a new tab) - Google review by Brandon Pietsch.
“Awsome I got the outcome that I wanted explained everything very well and was very helpful with everything”
Brandon Pietsch (opens full review in a new tab) - Google review by Key Let.
“Great person. I received the outcome he promised me. Very truthful and takes his time to explain every details. I felt relaxed over the hall ordeal. I'm loving life!”
Key Let (opens full review in a new tab) - Google review by Noah Southcombe.
“Josh did a great job and got the work liscense across the line - highly recommend.”
Noah Southcombe (opens full review in a new tab) - Google review by Cameron Woodvine.
“Josh boorman represented me today with a dui and drug possession charge. I got the best result i could have asked for with a no conviction or record for both charges and only one month of disqualified license with a 24/7 work license. Thank you so much josh”
Cameron Woodvine (opens full review in a new tab)
- Facebook review by Adam Webster.
“Josh was extremely professional, reliable and was able to get the best result possible. Highly recommended. 5 stars!”
Adam Webster (opens full review in a new tab) - Facebook review by Nicole Ray.
“Tegan was an absolute saviour for my business. With very little briefing she was able to turn my business processes into 6 sets of perfectly articulated terms and conditions to cover all of our needs. It has been integral in elevating my brand to a far more professional level, and I can sleep at night knowing that my agreements are legally sound. I couldn't recommend Tegan and Boorman Lawyers more highly. They are extremely professional, efficient and Tegan just understood exactly what I needed straight away and made it happen. Couldn't be happier with the service.”
Nicole Ray (opens full review in a new tab) - Facebook review by Melina Howe.
“Tegan was so helpful when filing our trademark application. She took the time to understand our business and was able to informally advise on some structuring aspects and influencer marketing tips, all of which previous lawyers I have been using failed to mention!”
Melina Howe (opens full review in a new tab) - Facebook review by Selena Evison.
“Awesome advice on the legal side of influencer marketing. Thank you Tegan🙏”
Selena Evison (opens full review in a new tab) - Facebook review by Heather Millar.
“Tegan Boorman has been our go-to commercial lawyer for my retail business, Kippins, for several years. She has helped us navigate challenging situations and always provided exceptional advice. Her knowledge of commercial law and her understanding of the needs of small businesses is second to none. Highly recommended!”
Heather Millar (opens full review in a new tab) - Facebook review by Bianca Grima.
“The best in the business 10/10”
Bianca Grima (opens full review in a new tab) - Facebook review by Chris Weston.
“Although I had a very good driving record and character references, a Section 10 can never be assumed. Josh Boorman worked with me to present a very strong case for my low range alcohol offence and I was acquitted with no fine, no suspension and no conviction. We spent a lot of time together writing and re-writing my references to get the wording perfect and also my explanation of how my offence came about. Josh has a lot of experience in this particular field and his thoroughness and presentation paid off successfully. A fixed fee agreed on before you start means you know exactly where you stand. Well done. Thanks again Josh.”
Chris Weston (opens full review in a new tab) - Facebook review by Singh Saab.
“5 stars”
Singh Saab (opens full review in a new tab) - Facebook review by Jessica Pantano.
“Josh was incredibly professional and sensitive to my traffic issue. He pushed for the best result possible and I got it! Would highly recommend for any traffic matter!”
Jessica Pantano (opens full review in a new tab) - Facebook review by Dave Thompson.
“I would highly recommend Boorman Lawyers. Josh was the perfect example as to why you should get a lawyer, right from the start he took the stress away, had all paperwork and advice needed spot on, even down to the finer details that none of us could've thought of that can effect an outcome.. Well done Josh and thank you for helping me get a positive outcome to keep my lively hood.”
Dave Thompson (opens full review in a new tab) - Facebook review by Monika Kundu.
“I was so lucky that josh was representing my case in the court .i was so terrified in the beginning but josh come up with such a absolute positive energy .i would highly recommend him to my friends and family .”
Monika Kundu (opens full review in a new tab) - Facebook review by Heidi Mcmillin.
“Simply brilliant and great to deal with. No hassle and great results.”
Heidi Mcmillin (opens full review in a new tab) - Facebook review by King Leong.
“I have been extremely lucky to have Josh represent me in my court case. Josh is an exceptional lawyer, he is professional, patient, supportive, knowledgeable and a good listener. He was right beside me every step of the way, by providing valueble advice and comforting assurance whenever I needed it. It is these qualities that truly differentiate him from the rest. My case definitely wasn't the easiest by any means. However, with Josh's skillful preparation of material and submission to the magistrate, he managed to get a great outcome for me. I highly recommend Josh to anyone who needs the best legal representation, and I can assure you won't regret it. Thank you Josh once again for your service. I hope I don't ever need your service again (touch wood), but if I do, you're the man.”
King Leong (opens full review in a new tab) - Facebook review by Andrew Ormsby.
“To any of my mates looking for lawyer that actually cares, knows his stuff and puts in 100% Joshua is the man.. You won't regret going to Joshua and you will get the best out come!”
Andrew Ormsby (opens full review in a new tab) - Facebook review by Craig Stewart.
“Thanks Joshua for the amazing outcome yesterday I'm still in a state of shock.. I would definitely recommend Boorman Lawyers to others. Can I just say Joshua is very professional in his approach in trying to achieve the desired outcome . Well prepared, briefed on the day & gave me confidence that I stood the best chance with Joshua representing me.”
Craig Stewart (opens full review in a new tab) - Facebook review by Jennifer Fernandes.
“Thanks Joshua for the good outcome. Would definitely recommend Boorman Lawyers to others. Very professional in his approach. Helped us to prepare all documents required. Also briefed us on the day. Gave us the confidence he was doing the best for us. And could see the difference between Boorman lawyers and others presenting. Will definitely recommend Boorman lawyers to others. Thanks again.”
Jennifer Fernandes (opens full review in a new tab) - Facebook review by Dan Gannon.
“A professional person in their time of indiscretion, needs a professional representation. My expectations where exceeded, with my representation by Boorman Lawyers. Especially Mr Josh Boorman. You're advice and help far surpassed the goal. You're kindness, respectfulness, and Integrity, went the extra mile, and far exceeded my expectations. I would recommend Mr Josh Boorman. For any legal matter you may have. Sincerely, Dan Gannon .”
Dan Gannon (opens full review in a new tab) - Facebook review by Jules Hannan.
“Fantastic, Boorman Lawyers - their team is extremely professional and they attend to their clients needs with courtesy and promptness. I would recommend Boorman Lawyers to anyone.”
Jules Hannan (opens full review in a new tab)
FAQs: dangerous driving in NSW
What is considered Dangerous Driving in NSW?
Driving that creates a real risk of serious harm to others, judged objectively. Where death or grievous bodily harm results and the driver was under the influence, or driving at a speed or in a manner dangerous to others, the charge is usually under s 52A of the Crimes Act 1900. Without death or GBH, police may charge furious, reckless or dangerous driving under s 117(2) of the Road Transport Act 2013.
Is Dangerous Driving in NSW a criminal offence?
Yes. Convictions can lead to imprisonment, long licence disqualification and a criminal record that can affect employment, travel and professional licensing.
Will I automatically go to gaol for Dangerous Driving?
No. But in R v Whyte the Court of Criminal Appeal said full-time custody is generally appropriate for the typical case of dangerous driving occasioning death or GBH where moral culpability is high. The outcome depends on moral culpability, aggravating factors and your circumstances.
How long will I lose my licence for if I am convicted?
For a first major offence, an automatic 3 years, which the court can reduce to no less than 12 months or increase. For a second major offence within 5 years, an automatic 5 years, with a minimum of 2 years (RTA s 205).
Can a Dangerous Driving charge be reduced to a lesser offence?
Sometimes, for example to negligent driving occasioning death or GBH, or to an offence under s 117(2), depending on the evidence. An early review of the brief is important.
Can a dangerous driving occasioning GBH charge stay in the Local Court?
Yes. It is a Table 1 offence, so it is dealt with in the Local Court unless the prosecution or the defence elects to have it dealt with on indictment in the District Court. In the Local Court the maximum for a single offence is 2 years' imprisonment. Dangerous driving occasioning death is dealt with in the District Court.
Is there an interlock for dangerous driving?
Only for the alcohol-related s 52A offences listed in s 214 of the Road Transport Act. The court may require at least 36 months on an interlock licence.
What should I do immediately after being charged?
Do not discuss the facts with anyone except your lawyer. Keep your paperwork, note potential witnesses, preserve dash-cam footage, and get legal advice before any police interview.
Sources and date checked
The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.
- Crimes Act 1900 (NSW) – s 52A — checked 21 Oct 2026
- Road Transport Act 2013 (NSW) – ss 117, 118, 205, 214 — checked 21 Oct 2026
- R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 — checked 21 Oct 2026
- Judicial Commission of NSW – Sentencing Bench Book, dangerous driving — checked 21 Oct 2026
This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.
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