Dangerous Driving Basic Due Care Without Conviction | Case Study

No Conviction and Zero Demerit Points

We represented a provisional licence holder charged with dangerous driving after losing control of a his father’s high-powered sports car on a rural road.

The car veered off the road and collided with a fixed object to a tyre puncture caused by poor road conditions. The accompanying passenger was also regrettably injured.

Despite the seriousness of the charge, we demonstrated that the incident was a freak accident caused by external factors entirely beyond the client’s control and that the prosecution witnesses were unreliable.

The basis for the initial charge rested on a number of unqualified assumptions and our client was very fortunate to receive this outcome.

A conviction for this offence may have resulted in a breach of probationary licence conditions following an earlier successful drivers licence appeal.

The court was persuaded by our trifling application after the prosecution agreed to reduce the charge to driving without due care. Our client was ultimately not convicted, no demerit points were recorded and no fine was payable.

Challenge

The prosecution alleged that the client’s driving was dangerous, citing:

1. A loss of control of the vehicle on a rural road.
2. Witness statements estimating excessive speed based on the vehicle’s exhaust noise.
3. A perception that driving a high-performance vehicle inherently increased risk.
4. The automatic deployment of the vehicle’s spoiler over 120km/h (whilst failing to recognise that the same may be deployed manually at lower speeds)

The client, however, maintained that they had exercised due care and that the accident was unavoidable due to the unsafe condition of the road.

Our Approach

Talon Legal adopted a detailed, evidence-based strategy to refute the allegations and present the incident as a trifling offence caused by factors outside the client’s control.

Road Conditions and External Factors

• Presented evidence, including photographs and South Australian Government road crash data, demonstrating that the road at the accident site was in disrepair, sunken at the edges, and too narrow by design standards.
• Showed that the tyre puncture was caused by the damaged road surface while our client was keeping left around a blind corner, leading to an unavoidable loss of control.
• Measured the width of the road to demonstrate non-compliance with the Requirements for the Design and Construction of Infrastructure Assets in South Australia and the AUSTROADS “Guide to Road Design Part 3: Geometric Design” (namely a minimum width of 3.5 m).

Refuting Allegations of Excessive Speed

• We refused the suggestion that the sound of the vehicle’s factory-installed sport exhaust was indicative of highspeed, as it could occur even at lower gears and legal speeds.
• This was established on the basis of the doppler effect, the vehicle’s free breathing factory exhaust and active valve technology.
• We highlighted the unreliability of speed estimates made by witnesses based solely on auditory impressions, referencing research on the difficulty of accurately gauging speed in such circumstances.

Disproving Witness Perceptions of Speed – The Doppler Effect

Witness testimony suggested that the client’s vehicle was travelling at an very high speed due to the loud noise of the car’s exhaust. However, we successfully demonstrated that the noise heard was likely influenced by the doppler effect, which alters the perceived pitch and intensity of sound as an object moves relative to the listener.

Example of the Doppler Effect

• Imagine standing at a train crossing as a train approaches and then moves away.
• As the train comes closer, the whistle sounds higher-pitched and louder.
• Once it passes, the sound quickly drops in pitch and becomes quieter.
• This change is not due to the train suddenly speeding up or slowing down but rather the way sound waves compress and stretch based on movement.
• In the same way, the exhaust noise of a high revving sport may sound louder and more intense to an observer as it approaches, even if the vehicle is travelling within the speed limit.

This principle invalidates subjective assessments of speed based solely on sound.

Freak Accident

• We emphasised that the client was driving at the speed limit, kept to the left as a precaution due to the blind corner, and engaged the vehicle’s sport mode, which enhanced safety features like variable damping for greater control on uneven road surfaces.
• We also highlighted the client’s immediate cooperation with police, remorseful attitude, and proactive steps to document the scene and road conditions after the accident.

Outcome

• The court was persuaded by our trifling application and recorded no conviction and zero demerit points.
• The client received a $100 fine, prosecution and court costs were waived and retained their licence.
• The client avoided significant financial and personal hardship, allowing them to continue supporting their family and maintaining employment.

Key Takeaways

• Properly documenting road conditions and referencing relevant standards can significantly strengthen a defence.
• Understanding and articulating the performance features of high-performance vehicles can discredit assumptions of recklessness.
• Leveraging scientific principles like the Doppler effect can refute unreliable witness perceptions of speed.
• Demonstrating that an incident was a freak accident caused by external factors can lead to reduced penalties and successful trifling applications.

Charged with Dangerous Driving or Driving Without Due Care?

If you are charged with a traffic offence that threatens your licence, livelihood, or reputation, Talon Legal can provide a strategic and effective defence.

Contact us today to learn how we can help you achieve the best possible outcome.