Drive in a Manner Dangerous in Victoria

Drive in a Manner Dangerous in Victoria under Section 64 of the Road Safety Act makes it an offence for a person to drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.

Specifically, you can be charged with this offence for exceeding the speed limit by more than 45km/hr. Or for any speed in excess of the limit where the circumstances render that speed to be sufficiently dangerous. Or where speed is not involved at all but other aspects of your driving pose a real risk to other road users or yourself.

Examples which may be deemed dangerous include excessive acceleration near pedestrians, ignoring traffic signals, sending a text message while driving and/or moving erratically or aggressively through traffic.

The Penalty

Whether or not the person holds a driver licence or permit, a court must impose a minimum disqualification period 6 months or 12 months where the vehicle was driven in excess of 45km/hr, as the court sees fit.

Can I Defend the Charge?

Possible defences include identification (if they did not find you driving), factual disputes about whether the police have accurately represented the case against you or whether you were acting under duress or out of necessity.

Whether or not the case is made out against you in relation to dangerous driving needs to be assessed on a case by case basis and a common approach is to use an experienced lawyer to negotiate the charge down to careless driving instead.