It is an offence to drive a motor vehicle at a speed dangerous to any person. This offence is contained in section 46(1) of the Road Traffic Act 1961 (SA).
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Indictable offence
Magistrates Court of South Australia
Maximum penalty $5,000 or 2 years imprisonment
Licence disqualification 12 months
Driving at a Speed Dangerous Key Facts
| Offence | Driving a motor vehicle at a speed or in a manner dangerous to the public, under Section 46 of the Road Traffic Act 1961 (SA). |
| Maximum Penalty | Maximum penalty is up to 2 years imprisonment or a fine of up to $5,000 for a first offence; higher penalties apply for repeat offending or if injury is caused. |
| Typical Sentence | Sentences vary: usually fines, licence disqualification, and possible imprisonment for aggravated or repeat offences; a conviction will also result in mandatory 12 months licence loss for a first offence. |
| Which Court? | Usually heard in the Magistrates Court of South Australia. |
| Process Timeline | Police Detection → Charge → Immediate Licence Suspension → Police Interview → Bail Consideration → Hearing in Magistrates Court → Sentencing if found guilty. (Average: 6-12 months) |
| Possible Defences |
1. No Danger – Arguing the driving was not dangerous in the circumstances. 2. Emergency – Showing the speed was necessary due to an emergency situation. 3. Mistaken Identity – Disputing who was driving. |
| What The Prosecution Must Prove | - You were driving a motor vehicle; - The vehicle was on a road; and - The vehicle was travelling at a speed which is dangerous to the public. This matter will be dealt with in the Magistrates Court of South Australia. Pope v Hall (1982) 30 SASR 78: If the speed in itself is dangerous, the offence is made out. It will be no defence that the vehicle was under control. R v Coventry (1938) SASR 79: The conduct of a driver is to be assessed according to an objective standard. In general terms, the expression “driving at a speed, or in a manner, which is dangerous to the public” describes the actual behaviour of the driver and does not require any given state of mind as an essential element of the offence. McBride v The Queen (1965) 115 CLR 44: A person may drive at a speed or in a manner dangerous to the public without causing any actual injury: it is the potentiality of danger to the public in the manner of driving, whether realised by the accused or not, which makes it dangerous to the public within the meaning of section 46. |
Driving at a Speed Dangerous Case Scenarios
Below are examples of how driving at a speed dangerous may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A driver was recorded driving 105 km/h in a 60 km/h zone late at night. There were no pedestrians or other vehicles nearby, and the driver had no prior record. The car was in good mechanical condition and under control.
What to expect:
Charged with driving at a speed dangerous. The court imposed a $1,200 fine, 1-year licence disqualification, and no conviction recorded after a successful trifling application. The court accepted that while the speed was objectively dangerous, the risk to the public was minimal in the circumstances.
Mid-Level Offence
Scenario:
A driver was caught driving 140 km/h in an 80 km/h zone during midday traffic. Several cars had to change lanes to avoid the vehicle, but no crash occurred. The driver admitted to being late for work.
What to expect:
Charged with driving at a speed dangerous. The Court imposed a 6-month suspended sentence, 2-year licence disqualification, and a conviction was recorded. The suspended sentence was granted on the condition of a 24-month good behaviour bond.
High-Level Offence
Scenario:
A disqualified driver was seen driving 120 km/h in a 50 km/h zone near a school. Children were present nearby, and the vehicle fishtailed through a roundabout. The driver had a prior conviction for a similar offence.
What to expect:
Charged with driving at a speed dangerous (second offence). The court imposed 12 months’ imprisonment, 3-year licence disqualification, and a conviction recorded. Due to prior offending and clear risk to the public, no suspended sentence was granted.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Participating in a Street Race, Driving Without Due Care, Excessive Speed
Participating in a Street Race, Driving Without Due Care, Excessive Speed
Driving at a Speed Dangerous FAQ’s
If you need more information about driving at a speed dangerous in South Australia, these FAQs answer the most common questions.
What is the offence of driving at a speed or manner dangerous in South Australia?
It is an offence under s 46 of the Road Traffic Act 1961 (SA) to drive a vehicle recklessly, or at a speed or in a manner that is dangerous to any person.
What is the maximum penalty for dangerous driving in South Australia?
For a first offence, the maximum penalty is $5,000 or 2 years’ imprisonment. For a subsequent offence, the maximum penalty increases to 3 years’ imprisonment.
Is licence disqualification mandatory for dangerous driving?
Yes. A court must disqualify you from holding or obtaining a driver’s licence for at least 12 months for a first offence and 3 years for a subsequent offence, unless the offence is found to be trifling.
What does “trifling” mean in dangerous driving cases?
If the court accepts that the offence is minor and not serious, it may reduce the disqualification period below 12 months, but it cannot be less than 1 month.
How does dangerous driving differ from careless driving?
Careless driving involves a lack of due care or attention, whereas dangerous driving requires conduct that is objectively dangerous to the public, such as high speeds, erratic manoeuvres, or disregard for traffic conditions.
How does dangerous driving differ from reckless driving?
Reckless driving usually involves conscious risk-taking (knowing the danger but ignoring it), while dangerous driving is judged by whether the driving was dangerous in the circumstances, even if recklessness cannot be proved.
Can dangerous driving cause additional charges if someone is injured or killed?
Yes. If dangerous driving results in death or serious harm, a driver may be charged with more serious offences such as causing death by dangerous driving or causing serious harm by dangerous driving, which carry much heavier penalties.
What factors does the court consider in deciding if driving was dangerous?
The court must consider road conditions, traffic levels, foreseeable risks, and all other relevant circumstances at the time of the offence.
Is speeding always considered dangerous driving?
Not always. Minor speeding is usually a speeding offence, but extreme speeding or speeding in dangerous conditions (e.g. near schools, heavy traffic, wet weather) may amount to dangerous driving.
Can an emergency worker be charged with dangerous driving?
No, provided the worker was acting in the course of duty, under proper authority, and reasonably in the circumstances.
Can you go to prison for a first offence of dangerous driving?
Yes. While courts sometimes impose fines or suspended sentences for first offences, imprisonment up to 2 years is available, depending on the seriousness of the driving.
How long will I lose my licence for dangerous driving?
At least 12 months for a first offence and at least 3 years for a subsequent offence, unless the offence is trifling.
What are examples of driving “in a manner dangerous”?
Examples include street racing, high-speed lane weaving, driving aggressively in heavy traffic, ignoring stop signs or red lights, or performing dangerous overtaking manoeuvres.
Does a prior traffic history affect sentencing for dangerous driving?
Yes. Prior dangerous driving offences within the last 5 years will increase penalties, and a poor driving history can be treated as an aggravating factor in sentencing.
Is dangerous driving the same as “hoon driving”?
No. “Hoon driving” refers to specific conduct like burnouts, drag racing, or speed trials. Dangerous driving is broader and covers any driving that is objectively dangerous to the public.
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