Drink Driving Law Information

Dangerous driving occasioning death – s 52A of the Crimes Act 1900. A person is guilty of the offence of dangerous driving occasioning death under s 52A(1) if the vehicle driven by the person is involved in an impact occasioning the death of another
person and the driver was, at the time of the impact, driving the vehicle:

(a) under the influence of intoxicating liquor or of a drug, or
(b) at a speed dangerous to another person, or
(c) in a manner dangerous to another person. (Emphasis added)

The offence of dangerous driving occasioning death must be prosecuted on indictment (ie.in the District Court), and the maximum penalty is imprisonment for 10 years.

There is an aggravated version of dangerous driving occasioning death under s 52A(2), carrying a maximum penalty of 14 years imprisonment. The circumstances of aggravation are outlined by s 52A(7) and include that, at the time of the impact:

• the prescribed concentration of alcohol (0.15) was present in the accused’s blood; or
• the accused’s ability to drive was ‘very substantially impaired’ by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination). 
   

Our drink driving lawyers will advise you of the potential penalties and provide you with no obligation all inclusive fixed fee quote. Their services can, help you to minimise the legal charges against you and they will represent your case in court . Our Drink Driving Lawyers can also advise you of your chances in obtaining a Section 10 of the Crimes Actof Crimes Act non conviction order. A section 10 is an order of the Court that may be made if your lawyer is able to persuade the courts not to record a conviction, not to fine you and to allow you to keep your drivers licence.

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