Serious Driving Offences
There are a number of offences that can be considered serious driving offences under Victorian law:
- Culpable Driving
- Dangerous Driving Causing Death
- Dangerous Driving Causing Serious Injury
- Negligently Causing Serious Injury
- Reckless Conduct Endangering Life
- Reckless Conduct Endangering Serious Injury
This is the most serious driving offence in Victoria. It involves causing the death of another person by deliberately ignoring risk, failing to take care to avoid their death, driving under the influence of alcohol (to the point they are unable to properly control the vehicle), and driving under the influence of drugs.
Your case will be heard at the County or Supreme Court, with the maximum penalty being 20 years in prison.
Dangerous driving causing death/serious injury
This is a separate, alternative verdict to culpable driving that is often given when the offence is not as serious or cannot be proven. Alternatively, if the offence meets all the criteria of culpable driving but the victim only received serious injury, you may be charged with dangerous driving causing serious injury.
Your case will typically be heard in the County Court, and the maximum penalty is half of that of culpable driving (10 years in prison).
Negligently causing serious injury
This offence is determined by four factors:
- Whether or not you had a duty of care
- Whether you breached your duty of care
- Whether the breach was committed consciously, voluntarily and deliberately
- Whether the breach caused the victim serious injury, whether or not it was intended