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Dangerous driving - Using expert evidence

Our client was a professional truck driver of 18-wheeler-type trucks.

After stopping at a set of traffic lights, he was stopped by police about 10km down the road saying that it was alleged that he had run over someone (killing them) at the traffic lights.

A poor woman had indeed been run over (by our client) but he had no idea that he had done anything.

The police relied on witnesses at the scene and an expert witness who downloaded data from the truck claiming that it showed he stopped about 100m down the road, then drove off (suggesting that he knew he did something wrong, stopped to check, then fled the scene).

We had the prosecution’s expert evidence independently analysed by our own expert. It was clear that our client was only ever stopped at the lights.

It appeared that this was just a freak accident – the victim crossed in front of our client’s truck (beneath his line-of-sight/view) at the precise same time as he was moving off.

The prosecution withdrew the main charge of Dangerous Driving Causing Death in the District Court but insisted that a hearing be run in the Local Court on a charge of Negligent Driving.

We were successful in having this charge dismissed.

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Australian Criminal Law Specialists

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"He's got a very good tactical mind and is good with strategy ... great advocacy and comes to grips with the evidence."

The Sunday Telegraph, 2013