Traffic Lawyers for Furious or Reckless Driving
Reckless driving involves driving in a manner that creates an obvious and serious risk of physical injury to other road users.
Our team of experienced traffic lawyers provide expert and affordable legal representation.
If you have been charged with Furious or Reckless Driving, call us anytime on 1300 365 075 to book a free initial consultation.
What Actions Might Constitute Reckless Driving?
Reckless driving occurs when a person operates a vehicle in a way that creates an obvious and serious risk of injury to other road users or significant damage to property. It involves either giving no consideration to the risk posed to others, or recognising the risk but choosing to drive dangerously regardless.
The courts have described reckless driving as conduct that creates a real risk of causing physical injury to another road user, or property damage more substantial than the minor damage that might arise from an ordinary driving error (R v Lawrence [1982] AC 510).
Examples of conduct that may amount to reckless driving include:
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Overtaking at high speed when approaching a blind rise
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Crossing over the centre line while rounding a corner
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Performing burnouts in a busy intersection
Penalties
The offence of driving in a manner dangerous is seen as a serious traffic infringement in the state of NSW and incurs significant penalties as seen in section 117 of the Roads Transport Act. For first time offenders, the maximum penalty that could be enforced is imprisonment of up to 9 months and/or a maximum fine of $2,200. An offender will also incur an automatic disqualification of 3 years and a minimum disqualification of 1 year, enforceable by the Court. Alternatively, for subsequent offences the penalties are much more sufficient. A defendant will be liable to pay a fine of up to $3,300 and/or be sentenced to prison for a maximum of 12 months. An offender will also incur an automatic disqualification of 5 years and a minimum disqualification of 2 year, enforceable by the Court.
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $2,200 | $3,300 |
| Maximum term of imprisonment | 9 months | 12 months |
| Automatic disqualification | 3 years | 5 years |
| Minimum disqualification | 12 months | 2 years |
| Maximum disqualification | Unlimited | Unlimited |
Possible Defences to Furious or Reckless Driving
If you are charged with furious or reckless driving, several legal defences may be available, including:
Identity of the driver — arguing that you were not the person driving the vehicle at the relevant time.
Nature of driving — disputing that your manner of driving was reckless or dangerous in the circumstances.
Defence of necessity — showing that your actions were necessary to avoid serious harm.
Defence of duress — demonstrating that you were compelled to act because of threats or coercion.
