Have you been charged with Dangerous or negligent driving whilst being pursued by police?
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Under section 319AA of the Crimes Act 1958 (Vic)(“CA”), it is an offence to drive dangerously or negligently while being pursued by police after being directed to stop. A “direction to stop” includes signals such as flashing lights, hand signals, sirens, or other warnings by the police.
It does not matter if the police pursuit is terminated for safety reasons; the offence can still be charged. This crime is more serious than simply evading police under the Road Safety Act 1986, as it involves an added element of dangerous or negligent driving.
Dangerous driving involves driving in a manner that puts others at significant risk, while negligent driving is a gross failure to meet the standard of care that a reasonable person would observe.
What the Prosecution Must Prove:
- You were driving a motor vehicle.
- You knew, or ought to have known, that a police officer directed you to stop.
- You were being pursued by police.
- The driving was dangerous or negligent during the pursuit.
Penalties for dangerous or negligent driving whilst being pursued by police:
The maximum penalty for this offence is 3 years imprisonment.
A mandatory driving disqualification for a minimum of 12 months will also be imposed, though more extended disqualification periods are common based on the severity of the offence.
The vehicle may be impounded, and repeat offenders may face vehicle forfeiture.
Where Will My Case Be Heard?
Cases involving dangerous or negligent driving whilst being pursued by police can be heard in either the Magistrates’ Court or the County Court.
Factors and Defences to consider:
- Were you driving dangerously or negligently?
- Were you being pursued by police?
- Were you aware you were meant to have stopped to engage with police?
- How long did the police pursue you?
- Did you or the police terminate the pursuit?
- Are there any personal or situational factors that may reduce the culpability (medical emergency etc)?
- What were the surrounding circumstances of your offence?
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- Careless Driving
- Dangerous Driving
- Driver Duty Failures at Accidents
- Driving whilst Disqualified
- Driving whilst Suspended
- Unlicenced Driving
- Improper Use of Motor Vehicles
- Failing to Nominate Driver of Vehicle
- Appeals of Immediate Licence Suspensions
- Impoundment of Motor Vehicles
- Exceeding Speed Limits in School Zones
- Reckless Conduct Endangering Life Or Serious Injury
- Culpable Driving Causing Death
- Dangerous Driving Causing Death or Serious Injury
- Infringement Warrants and Unpaid Fines
What happens next?
After being charged with dangerous or negligent driving whilst being pursued by police, the next steps typically involve attending a court hearing where the charges will be formally presented.
You should receive legal advice from at expert at MK Law to determine the strength of the prosecution’s case and explore possible defences or mitigating circumstances.
Depending on the complexity of the case and the evidence, the matter may either proceed to a contested hearing, where both sides present their arguments, or there may be an opportunity to negotiate a plea to lesser charges. The outcome could result in penalties such as imprisonment, disqualification from driving, vehicle impoundment, or forfeiture.
It is vital you contact an expert today on 1800 130 120 for confidential tailored advice which will help you receive your best outcome.
Defences may include proving that you were unaware of the police direction to stop, or that your driving did not meet the threshold for dangerous or negligent conduct.
Additionally, situations where you did not intend to evade police, or where mitigating circumstances exist, could be argued to reduce the severity of the charges.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au