Elements of the offence

A less serious offence to causing death or harm is driving recklessly or at a speed or a manner which is dangerous to any person [Road Traffic Act 1961 (SA) s 46(1)]. A person may be charged with this offence even if no one is injured and it is quite a common charge when drivers are caught driving at high speeds. Charges may be laid even if the driving posed no danger to any other road user or member of the public, but only to the driver: Senior v Police[2005] SASC 88.

What is dangerous driving?

Whether or not driving is dangerous depends on many factors, for example the time of day, whether other cars or people were about, any roads which may intersect with the road the defendant is travelling on, the condition of the road and whether the driver had been drinking as well as other relevant circumstances, such as the condition of the vehicle and whether the brakes or the tyres were defective - especially if the vehicle was travelling at high speed.

Penalty

Pursuant to s 46(1), the penalty for reckless and dangerous driving is:

In addition, the court must order a disqualification period of at least 12 months for a first offence or at least three years for a subsequent offence [s 46(3)].

A subsequent offence is an offence committed within five years of a previous similar offence.

Police have the power to impose an immediate licence disqualification or suspension (ILOL) for the offence of reckless and dangerous driving [Road Traffic Act 1961 (SA) s 47IAA(1)(ba), see Instant or immediate loss of licence].