Over the past week or so there has been discussion on our GC Traffic Lawyers Facebook page about errors of judgement, and how people should be held culpable for their errors of judgement. The discussion has focused more on Dangerous Driving and Careless Driving than on Drink Driving and Drug Driving.

As experienced traffic lawyers on the Gold Coast, we thought that it might be interesting to discuss how errors of judgement in Dangerous Driving and Careless Driving cases need only be momentary to lead to a serious traffic offence. In this article we shall focus on a case involving Dangerous Driving of a motor vehicle with horrendous consequences. In our next article we will discuss an incident of Careless Driving.

There does not have to be a course of bad driving for a person to be found guilty, as a momentary lapse of concentration can suffice. It really is so important to get advice and assistance from a traffic lawyer in these circumstances.

A particularly sad case springs to mind from last year, in which David Gilmore from GC Traffic Lawyers acted together with a very senior barrister in the District Court. Our client was a working man, who had a clean licence and had never been convicted of any traffic offence in over 30 years of driving. He was self employed and married with children and a pillar of the local community. One day, when turning right onto a main road from a side road, he failed to notice a motorcycle traveling towards him. As he pulled out, the motor cycle collided with his vehicle and, in a flash, the life of the motor cycle rider was sadly lost. Our client was charged with Dangerous Operation of a Motor Vehicle causing Death, which has a maximum penalty under Section 328A of the Criminal Code of Queensland has a maximum penalty of 10 years imprisonment. He correctly pleaded guilty to the offence, since his driving was clearly dangerous in that moment.

It is worth noting that he would have been subject to imprisonment for up to 14 years if, at the time of committing the offence, he was adversely affected by an intoxicating substance or excess speeding or taking part in an unlawful race or unlawful speed trial or left the scene of the accident, but none of these applied. He had simply made an error of judgement in the moment. There was no Drink Driving or Drug Driving, no Driving Disqualified, no Unlicensed Driving, just a momentary mistake.

He did not actually go to prison for this offence but we assisted him to receive a 5 year sentence of imprisonment that was wholly suspended for a period of 5 years. He was full of remorse and contrition. The judge took into account the fact that the period of the dangerous driving was very short and that his family and his business and his employees would also have been devastated had he actually been sent to jail immediately.

At GC Traffic Lawyers we believe that errors of judgement can result in devastating consequences, even loss of life in the most tragic circumstances, but that each Dangerous Driving case and each traffic offence and offender should be considered on the merits of their matter so that the fine balances of justice can be achieved.

GC Traffic Lawyers is compassionate to the needs of our clients and respectful to victims.

Call GC Traffic Lawyers now on 07 5528 6665 or visit http://gctrafficlawyers.com.au/dangerous-driving/ if you need assistance with a Dangerous Driving charge.