Driving at a Speed Dangerous

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Driving at a Speed Dangerous Charges?

Driving at a dangerous speed to the public is a serious criminal offence under section 46 of the Road Traffic Act 1961 (SA).

You will be charged with driving at a dangerous speed if your driving involves operating a vehicle recklessly or at a speed that poses a danger to others.

The maximum penalty for a first offence is a fine of $5,000 or imprisonment for up to 2 years, and a mandatory minimum license disqualification of 12 months.

The maximum penalty for a subsequent offence is penalty of imprisonment for up to 3 years,

Our expert Adelaide traffic lawyers know you are under intense stress and probably unsure about your options.

We will help you beat the charge, reduce penalties and keep your life on track. Book a free 30 minute confidential consultation to get the best defence for dangerous driving charges in South Australia.

What is Driving at a Speed Dangerous?

A driver who operates a vehicle at a dangerous speed commits an offence if the speed itself creates, or could create, danger to the public.

There is no hard and fast rule as to what speed is dangerous. Each case depends on the actual or potential danger created by the driver’s speed (Armstrong v Twiggs (1983) 2 MVR 217).

Separate charges of driving at a speed dangerous and driving in a manner dangerous may be laid for distinct acts of driving on the same occasion. However, a person cannot be convicted of two offences arising out of the same or substantially the same facts.

What is Dangerous Driving?

Dangerous Driving can be committed in three ways:

Driving a vehicle recklessly;
Driving a vehicle at a speed which is dangerous to the public; and
Driving a vehicle in a manner which is dangerous to the public.

What is The Penalty for Driving at Dangerous Speed?

Offence	Fine	Imprisonment	Disqualification	Demerits
First Offence	$5,000	2 Years	1 Year Min.	6
Subsequent Offence		3 Years	3 years Min.	6

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A finding of guilt may also trigger a demerit point disqualification if you exceed 12 demerit points, or a breach of licence conditions (as a probationary or provisional licence holder).

What Are The Defences to Driving at a Speed Dangerous?

Wrong Driver

Sometimes the wrong person can be charged with driving at a speed dangerous. This occurs where prosecution make errors or where someone else uses your identity Other times, it may even occur if you share a vehicle or allow friends or family to drive your car.

Duress

Duress is a defence to dangerous driving in South Australia and set out in section 15D of the Criminal Law Consolidation Act 1935 (SA), which replaces the common law defence of duress. A person can be acquitted of an offence on the basis of duress if they were “forced” to commit the offence by another person. This is different to cases involving threats “constituted by other circumstances” i.e., the defence of necessity or compulsion below.

Necessity

A defendant may raise necessity if circumstances justified dangerous driving, provided those circumstances are genuine and the response is proportionate (Police v Bayley (2007) 96 SASR 555). This also sometimes referred to as the defence of compulsion involving threats “constituted by other circumstances” giving rise to a sudden and extraordinary emergency.

For example, where a defendant drives away at high speed to elude a pursuer in another car in order to resist actual or unlawful violence threatened to him.

Automatism

Automatism may be described as “action without any knowledge of acting, or action with no consciousness of doing what was being done”. If the defence of automatism is raised, the onus on the prosecution to prove all the elements of the offence includes the onus to prove the conscious perpetration of the offence.

A state of automatism may be produced in a person by a traumatic blow to the head, such as in Cooper v McKenna; Ex parte Cooper [1960] Qd R 406, where a magistrate dismissed a complaint of dangerous driving. The driver’s actions were involuntary because he suffered from a concussion caused by a severe blow on the head received in a football match a few hours earlier.

An accused person may rely on facts that show that he or she was in a state of automatism at the time of alleged criminal acts. However, it is a defence the courts will closely scrutinise.

Mental Incompetence

In R v Sandoval (2010) 11 DCLR (NSW) 385, collision, the accused faced charges of causing grievous bodily harm by dangerously driving to escape police. While police pursued the accused’s vehicle, the accused allegedly lost control and collided with another car, inflicting serious injuries on its occupants.

A key element of the prosecution’s case was that the accused knew the police were in pursuit. However, the Court found that the Crown did not prove, beyond reasonable doubt, that the accused possessed such knowledge at or before the time of the collision. Crucially, expert evidence demonstrated the accused suffered from a psychotic episode at the relevant time and did not appreciate the wrongfulness of the conduct.

Emergency Workers

Sections 45(4a) and 45(5) of the Road Traffic Act 1961 provide a specific defence for police officers and certain emergency workers who drive in a manner that might otherwise be considered dangerous, if they act in accordance with their employer’s directions and reasonably believe the situation justifies their actions.

Using Expert Evidence

Police often rely on speed detection devices. Under section 175 of the Road Traffic Act 1961 (SA), certificates of accuracy shift the burden onto the defence to raise a reasonable doubt.

However, credible contrary evidence (such as expert testimony on vehicle acceleration) may displace this presumption.

Expert evidence must be based on credible, properly established facts. If key assumptions are unsupported, the evidence may carry little weight.

See Pinkerton v Police [2006] SASC 341, where the court emphasized the need for reliable factual assumptions underpinning expert conclusions.

Trifling Applications

Following a plea of guilty a first time offender may ask the court reduce the period of disqualification to a minimum of month, and to reduce or not to record any demerit points.

This is a high bar to reach and a discretion that is rarely exercised by the court.

It requires the individual to give evidence on oath, which must satisfy the court that the circumstances of the offence, were atypical or unusual.

There are no closed category of cases and the individual’s personal circumstances, or consequences of losing their licence will not be taken into consideration.

Courts consider whether the danger was merely technical or truly negligible. However, deliberate breaches or significant risks typically fail.

Examples include Owen v Connellan (1991) 53 A Crim R 236 and Speake v Police (2008) 51 MVR 519, where short bursts of speed and unusual mitigating factors led to the court exercising its discretion.

Demerits & Disqualification Reduction

Read our article on trifling dangerous driving cases for more information or our case study where we successfully negotiated the withdrawal of dangerous driving charges for a provisional licence holder, resulting in no conviction and no demerit points, despite allegations of dangerous driving.

Courts tend to treat excessive or reckless speed as a matter of community safety and deterrence. Hence, sentencing often reflects the overarching goal of discouraging risky driving.

What The Prosecution Must Prove

To secure a conviction, the prosecution must establish that:

You were driving a motor vehicle;
It occurred on a road or a public place;
Your speed was objectively dangerous to the public.

If your alleged offence involves driving in manner dangerous or reckless driving, see Driving in a Manner Dangerous or Dangerous Driving for further guidance.

Speed Detection Evidence

The prosecution may rely on a valid certificate to establish that a radar, laser, or other speed detection device was accurate at the time it recorded a vehicle travelling at a specified speed.

These certificates enable a court to treat the recorded speed as proven unless there is “proof to the contrary” sufficient to raise a reasonable doubt about the accuracy or reliability of that recorded speed.

How to Beat a Driving at a Speed Dangerous Charge

In order to displace presumption, the defendant needs to provide credible evidence to the contrary which raises a reasonable doubt as to the truth of the facts relied upon by the prosecution.

High Speed Not Dangerous

Zanker v Modystach (1990) 54 SASR 183, emphasised that, while speed may appear extremely high, whether it is dangerous depends on the actual or potential risk to the public. Although the driver allegedly travelled at about 156 km/h in a 110 km/h zone, the deserted nature of the road and lack of surrounding hazards led the court to conclude it was not “speed dangerous”.

High Speed & Dangerous

In Merrill v Police (SA) (1996) 24 MVR 555, the driver drove at 171 km/h on a country road in a 110 km zone because his wife was sick. The road was straight, bitumen surfaced and slightly undulating. There was light rain, visibility was fair, the country was open and the defendant was a skilful driver. On appeal against conviction, it was held that none of these factors could insulate the defendant from the risk of an accident while driving at such a speed.

Speed Impossible

In SA POLICE v Julian Mark O’Brien No. SCGRG 96/1523, the driver beat the “speed dangerous” charge by introducing credible, expert-supported evidence to demonstrate that it was physically impossible for his vehicle—starting from a standstill at the intersection—to reach 109 km/h over the relatively short 80 metres the officer had noted.

If You Plead Guilty

The decision to plead guilty to driving at a dangerous speed should not be made lightly. A guilty plea does not guarantee leniency but may entitle you to a sentencing discount of up to 40% if entered at an early stage.

What the Court Considers

The nature, condition and use of the road on which the offence is alleged to have been committed;
The amount of traffic on the road at the time of the offence;
The amount of traffic which might reasonably be expected to enter the road from other roads and places;
All other relevant circumstances such as the weather, or likelihood of hidden hazards.

Even if you maintain physical control of your vehicle and no actual harm results, the offence may still be proven if the chosen speed is objectively dangerous in the circumstances.

Consequences of a Conviction

Criminal Record

A conviction will remain on your record and may have to be disclosed in job applications, licence renewals, or overseas travel, or even to your current employer if you hold certain professional memberships or work with vulnerable individuals.

Travel Restrictions

Some countries like the United States or Canada deny entry or impose special conditions on travellers with criminal convictions, complicating personal and professional travel.

For example, in Canada and the United States, drink driving offences attract may attract a term of imprisonment, and therefore viewed more seriously.

Licence Holders & Registered Professionals

Certain occupations require current the licence holder to be of good character and repute, or to remain in good standing with a regulatory body. This applies to many industries, for example:

The ADF
Health / Medical
Financial Services
Legal practitioners
Real-Estate Agents
Employment Agents
Teaching & Education
Electricians & Builders
Plumbers & Gas Fitters
Land Agents & Auctioneers
Second-hand Vehicle Dealers
Security Guards & Investigators

A conviction and sometimes even just being charged with a criminal offence may lead to suspension of a vocational or work licence, or cancellation of such registrations.

Ineligibility for Certain Roles

Working with children, the aged, or other vulnerable groups often requires background checks. A conviction may disqualify you from these positions or volunteer opportunities.

Insurance Difficulties

Insurance companies frequently charge higher premiums or may even refuse coverage to individuals with certain criminal convictions, including serious driving offences.

Reputational Damage

Publicly available court lists or media reporting can damage your personal and professional reputation, adversely affecting relationships, business prospects, or community standing.

Corporate Directorships

Under company or governance laws, individuals with specific categories of criminal convictions may be barred from serving as a director or managing principal. This is particularly problematic if you are a small business owner.

Fines & Other Costs

Up to $5,000 in fines for a first offence
Mandatory $270.00 Victims of Crime Levy
Prosecution Costs
Court Costs
Vehicle Impound Costs

Probationary Licence Conditions

Probationary licence conditions are imposed whenever a person applies for a new driver’s licence after a period of disqualification which resulted in the cancellation of their licence:

Drink driving offences.
Being disqualified by the Court.
Breach of probationary licence conditions.

Penalty Reduction

Even if you concede that you were speeding, there may be defences available if the risk to the public was minimal or non-existent. Certain circumstances, such as emergencies or duress, might reduce culpability or lead to a complete defence.

Will I go to Jail For Driving at a Speed Dangerous?

The sentence imposed on conviction for dangerous driving must be proportionate to the gravity of the offence in all circumstances and will be reflected in the penalty imposed.

In most cases, the sentence must be imposed to act as a deterrent more so than being imposed as punishment. A court will draw a distinction between deliberate wantonness and inadvertent heedlessness.

Unrepresented Defendants & Trifling Applications

If you appear unrepresented in court, the magistrate must inform you of the possible penalties and advise you of your right to make a trifling application if there is any indication that the circumstances may justify it (Taylor v Police [1998] SASC 6540). This is crucial to ensure you are aware of the opportunity to reduce the mandatory disqualification period and given the possibility of imprisonment.

Do I Need a Lawyer for Driving at a Speed Dangerous?

Driving at a Speed Dangerous is a serious criminal offence and may result in significant disruption to your life and potentially a term of imprisonment. At Talon Legal, we offer:

Expertise in South Australian traffic law and court procedures.
Comprehensive legal advice on whether your case involves potential defences, such as necessity or trifling applications.
Skilled negotiation and advocacy to seek a reduction in penalties where possible.
Personalised support, ensuring you fully understand each stage of the legal process.

We are approachable, professional, and determined to secure the best outcome for our clients.

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Book a free 30-minute consultation today and discover how our Adelaide traffic lawyers can protect your record, minimise penalties, and help you move forward with confidence.