Have you been charged with Dangerous or negligent driving whilst being pursued by police?
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Improper Use of Motor Vehicles
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Exceeding Speed Limits in School Zones
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Reckless Conduct Endangering Life Or Serious Injury
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Dangerous or Negligent Driving Whilst Being Pursued by Police
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?
Testimonials
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St Kilda, Victoria 3182
1800 130 120
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I want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experienc... Read MoreI want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experience in court. I liked his professionalism, preparation, confidence and attention to details. He explained everything clearly, guided me step by step, and fought for the best possible outcome for me. With him handling my case, it gave me a peace of mind during a very stressful time. The outcome spoke volumes about his expertise, and I would highly recommend them to anyone in need of strong legal representation. Read Less55/5
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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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
-
Dangerous or Negligent Driving Whilst Being Pursued by Police
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